(HC) McGuire v. On Habeas Corpus

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MOSES P. MCGUIRE, No. 1:23-cv-00555-ADA-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR HABEAS CORPUS, AND

DECLINING TO ISSUE A CERTIFICATE OF

UNNAMED, APPEALABILITY Respondent. (ECF No. 10) 16 Petitioner Moses P. McGuire is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On April 14, 2023, the Magistrate Judge issued findings and recommendations, recommending that the Court dismiss the petition due to a failure to name the proper respondent, failure to state a cognizable claim, and failure to exhaust state remedies. (ECF No. 10.) The findings and recommendations contained notice that Petitioner had thirty days within which to file…