Burton

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELMER EUGENE WALKER, No. 2:22-CV-0558-KJM-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. R. BURTON, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 11. Petitioner has filed an opposition, ECF No. 15, and Respondent has filed a reply, ECF No. 16. Respondent argues the petition must be dismissed for failure to state a cognizable claim and failure to exhaust state court remedies. See ECF No. 11. For the reasons discussed below, the Court finds the latter argument to be dispositive. Under 28 U.S.C. § 2254(b), the exhaustion of available state court remedies is required before claims can be granted by the federal court in a habeas corpus case. See Rose v. Lundy, 455 U.S. 509 (1982); see also Kelly v. Small, 315 F.3d 1063, 1066 (9th Cir. 2003); Hunt v. Pliler, 336 F.3d 839 (9th…