(HC) Benson v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN R. BENSON, No. 2:21-cv-02165-KJM-CKD Petitioner, v. ORDER AND RAYMOND MADDEN, FINDINGS AND RECOMMENDATIONS Respondent.1 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis in this federal habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the habeas petition because not all of the claims have been properly exhausted. ECF No. 11. Petitioner has not filed an opposition and the time to do so has expired. For the reasons explained below, the undersigned recommends granting respondent’s motion to dismiss. I. Factual and Procedural Background Following a jury trial in the Sacramento County Superior Court, petitioner was convicted of 6 counts of lewd and lascivious acts on his daughter who was over the age of fourteen. On 26 1 Petitioner originally named the People of the State of California as…