Sherman

(HC) Mendoza v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaNovember 3, 20221:22-cv-00128California2,708 words

Opinion

trial_court Opinion

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4 5 6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

10

11 CARLOS MENDOZA, Case No. 1:22-cv-00128-ADA-CDB (HC)

12 Petitioner, FINDINGS AND RECOMMENDATIONS THAT

RESPONDENT’S MOTION TO DISMISS BE

13 v. GRANTED AND THE PETITION FOR WRIT OF

HABEAS CORPUS BE DISMISSED WITH

14 STU SHERMAN, PREJUDICE

15 Respondent. (ECF Nos. 1, 16)

16 OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE (21) DAYS

17

18 19 On September 2, 2021, Petitioner Carlos Mendoza (“Petitioner”) a state prisoner proceeding 20 pro se, filed a petition for writ of habeas corpus. (ECF No. 1). On June 21, 2022, Respondent filed a 21 motion to dismiss the petition as untimely, fully unexhausted, and for failing to raise cognizable 22 federal claims.1 (ECF No. 16 at 1). Petitioner did not file an opposition to Respondent’s motion to 23 dismiss and his time to do so has expired. See Local Rule 230(c). Accordingly, the Court will 24 recommend that Respondent’s motion to dismiss be granted. 25 / / /

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