Robertson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICOLAS VASQUEZ, II, No. 2:21-cv-00726 WBS DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JIM ROBERTSON, Respondent. 16 Petitioner is a former state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the court is respondent’s motion to dismiss the petition as untimely and for failure to comply with exhaustion requirements. (ECF No. 19.) For the reasons stated below, the undersigned will recommend that this action be dismissed. The court will also deny respondent’s motion to dismiss (ECF No. 19) as moot. I. Procedural History This action was initiated on April 23, 2021 when petitioner filed a petition for writ of habeas corpus challenging the forfeiture of credits imposed during a disciplinary hearing. (ECF No. 1.) Petitioner later filed a First Amended Petition which serves as the current operative petition. (ECF No. 10.) On…