Benavidez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 YOR XIONG, Case No. 2:22-cv-00538-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED JENNIFER BENAVIDEZ, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 7 13 Petitioner Yor Xiong, a state prisoner represented by counsel, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Respondent has filed a motion to dismiss, ECF No. 7, arguing that the state court judgment against petitioner is not yet final and that petitioner has not exhausted his sole habeas claim. Petitioner has responded, ECF No. 12, and respondent has filed a reply, ECF No. 13. The matter is on calendar for September 29, 2022, but I find a hearing unnecessary to resolve the matter. I recommend that respondent’s motion to dismiss be granted because petitioner’s conviction is not yet final. No habeas rule specifically applies to motions to…