Cueva

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HAVEN, No. 2:21-CV-0475-KJM-DMC-P Petitioner,

v.

FINDINGS AND RECOMMENDATIONS

DANIEL CUEVA, Respondent. 16 Petitioner, a state prisoner 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 motion to dismiss, ECF No. 15. Respondent has lodged relevant state court records in support of the motion, ECF No. 17. Petitioner has not filed an opposition. 21 I. BACKGROUND A. Procedural History After Petitioner failed to file an opposition to Respondent’s motion, the Court issued findings and recommendations on February 15, 2022, that the unopposed motion be granted pursuant to Eastern District of California Local Rule 230(c), (l). See ECF No. 19. On March 10, 2022, Petitioner filed objections to the findings and recommendations indicating that he had never received a copy of Respondent’s motion. See…