(HC) Jeffery v. Fresno County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRYANT D. JEFFERY, No. 1:23-cv-01247-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS

FRESNO COUNTY SUPERIOR COURT, UNEXHAUSTED PETITION

15 Respondent. [TWENTY-ONE DAY OBJECTION DEADLINE] 17 Petitioner 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. Petitioner filed the instant habeas petition on August 14, 2023, challenging his 2022 conviction in Fresno County Superior Court of criminal threat, use of a firearm, and attempting to dissuade a witness. Because the petition is unexhausted, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it…