Darby

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID SABINO QUAIR III, Case No. 1:22-cv-01142-JLT-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS WITHOUT PREJUDICE

MATT DARBY,

Respondent.

15 Petitioner David Sabino Quair III is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the instant petition is unexhausted, the undersigned recommends dismissal of the petition without prejudice. I. BACKGROUND On August 22, 2022, Petitioner filed the instant petition for writ of habeas corpus in the Sacramento Division. (ECF No. 1.) Although the allegations are unclear, it appears Petitioner challenges his 2021 Kings County Superior Court disturbing the peace conviction, for which he was sentenced to a 133-day imprisonment term, on the grounds that: (1) false warrants, holds, and detainers were initiated by San Quentin State Prison employees to entrap…