D'Agostini

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN JOHN CRAIG, No. 2:21-CV-1198-DAD-DMC-P Petitioner,

v. FINDINGS AND RECOMMENDATIONS JOHN D’AGOSTINI, Respondent. 16 Petitioner, an inmate proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss, ECF No. 27. Respondent has lodged relevant state court records in support of the motion, ECF No. 28. Respondent argues the sole remaining claim is premature because proceedings remain pending in state court. This action proceeds on the first amended petition. See ECF No. 5. In his first amended petition, Petitioner appears to raise three claims. First, Plaintiff argues that he received ineffective assistance of counsel in an underlying criminal case. See ECF No. 5, pg. 3. Second, Petitioner alleges that he was “victimized” by another inmate in May 2021 and later “punished” for reporting a crime.…