Gamboa

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ENRIQUE LOPEZ, Case No. 1:21-cv-01761-JLT-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS PETITION FOR LACK OF

JURISDICTION1

MARTIN GAMBOA,

FOURTEEN-DAY OBJECTION PERIOD

Respondent. (Doc. No. 8)

17 Petitioner Enrique Lopez, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). Respondent filed a motion to dismiss on March 28, 2022. (Doc. No. 8). 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. 4 at ¶ 4, advising Petitioner that he has twenty-one (21) days to file a response if Respondent files a motion to dismiss). For the reasons set forth more fully below, the undersigned recommends granting Respondent’s motion to dismiss because the Petition is an…