Ruiz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PERCY L. BROWN, Case No. 1:23-cv-00629-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS1 BRYAN D. PHILLIPS, ET AL., FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 13) 16 17 Petitioner Percy L. Brown (“Petitioner”), a state prisoner, is proceeding pro se on his First Amended Petition for Writ of Habeas Corpus filed under 28 U.S.C. § 2254 on June 12, 2023. (Doc. No. 9, “Petition” or “First Amended Petition”). In response, Respondent filed a Motion to Dismiss on August 9, 2023. (Doc. No. 13). Petitioner did not file an opposition to the Motion to Dismiss and the time to do so has expired. (See Doc. No. 10, order directing Respondent to file a response and advising Petitioner that he had 21 days to file an opposition to a motion to dismiss). For the reasons set forth below, the undersigned recommends the district court grant Respondent’s Motion to…