(HC)Nieto

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDDIE NIETO, Case No. 1:21-cv-01582-JLT-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AMENDED PETITION FOR

FAILURE TO EXHAUST1

THERESA CISNEROS,

FOURTEEN-DAY OBJECTION PERIOD

Respondent. (Doc. Nos. 16, 20)

17 18 Petitioner Eddie Nieto, a state prisoner proceeding pro se, has pending an amended petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 16). Respondent filed a motion to dismiss on June 3, 2022. As of the date of this order, Petitioner has not filed a response to the motion, nor requested an extension of time to respond, and the time for doing so has expired. (See Doc. No. 9 at ¶ 3, advising Petitioner that he has thirty (30) days to file a response if Respondent files motion to dismiss). For the reasons set forth more fully below, the undersigned recommends granting Respondent’s motion to dismiss because the grounds for relief raised…