(HC)Lawless

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 KRISTOPHER WILLIAM LAWLESS, Case No. 1:22-cv-00523-JLT-EPG-HC Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT IN PART RESPONDENT’S

v. MOTION TO DISMISS AND ALLOW

PETITIONER TO PROCEED WITH

BRIAN CATES, EXHAUSTED CLAIM Respondent. (ECF No. 14) 15 Petitioner Kristopher William Lawless is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner’s first claim for relief is unexhausted, the undersigned recommends granting in part Respondent’s motion to dismiss and allowing Petitioner to proceed only with his exhausted ineffective assistance of counsel claim. I. BACKGROUND On January 13, 2017, Petitioner was convicted of, inter alia, child endangerment. Petitioner was sentenced to a twelve-year imprisonment term for child endangerment plus a consecutive five-year term for a prior serious felony conviction enhancement. (LDs1 1,…