(HC) Taylor v. District Attorney Office

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT TAYLOR, Case No. 2:23-cv-00460-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE AMENDED PETITION BE

v. DISMISSED WITHOUT LEAVE TO AMEND DISTRICT ATTORNEY OFFICE, ECF No. 13 Respondent. 16 Petitioner, a detainee in the Sacramento County Jail proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the initial petition, I found that it failed to state a cognizable habeas claim because it appeared that the state conviction had not yet been finalized. ECF No. 12. I gave him leave to amend, id., and he has filed an amended petition, ECF No. 13. Having reviewed the amended petition, I still conclude that there is no finalized conviction at issue. It necessarily follows that any claim in the immediate petition has not yet been exhausted by presentation to the California Supreme Court. I now recommend that the petition be dismissed. The petition…