Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS MENDOZA, No. 1:22-cv-00128-ADA-CDB (HC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. RESPONDENT’S MOTION TO DISMISS

PETITION FOR WRIT OF HABEAS

STU SHERMAN, CORPUS Respondent. (ECF Nos. 16, 20) ORDER DIRECTING CLERK OF COURT TO

ENTER JUDGMENT AND CLOSE CASE

ORDER DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY 19 Petitioner Carlos Mendoza is a state prisoner proceeding pro se with a petition for writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) This matter was referred to a United 21 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 22 On June 21, 2022, Respondent filed a motion to dismiss the petition as untimely, 23 unexhausted, and for failure to state a cognizable claim. (ECF No. 16.) Petitioner did not file an 24 opposition. On November 3, 2022, the…