(HC)Franklin

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 CHRISTOPHER FRANKLIN, Case No. 2:22-cv-00825-TLN-JDP (HC) 9 Petitioner, ORDER THAT PETITIONER’S MOTIONS

TO STRIKE, REQUEST FOR

10 v. CLARIFICATIONS, MOTION FOR

EXTENSION OF TIME, AND MOTION TO

11 CHRISTIAN PFEIFFER, AMEND ARE DENIED AS MOOT 12 Respondent. ECF Nos. 23, 28, 34, 37, & 38 13 FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

14 DISMISS BE GRANTED 15 OBJECTIONS DUE IN FOURTEEN DAYS 16 ECF No. 25 17 18 Petitioner Christopher Franklin, a state prisoner represented, filed a petition for a writ of 19 habeas corpus under 28 U.S.C. § 2254. Respondent moves to dismiss the petition, ECF No. 25, 20 arguing that state court proceedings were ongoing at the time this action was filed. Petitioner has 21 opposed the motion. ECF No. 32. 22 No habeas rule specifically applies to motions to dismiss. …