(HC) Pacheco v. Court of Appeal, Fifth Appellate District
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTIAN ANGEL PACHECO, No. 1:23-cv-01717-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR FAILURE TO
v. EXHAUST ADMINISTRATIVE REMEDIES1 COURT OF APPEAL, FIFTH FOURTEEN-DAY OBJECTION PERIOD
APPELLATE DISTRICT,
(Doc. No. 1) Respondent. 16 17 Petitioner Christian Angel Pacheco (“Petitioner”), a state prisoner, is proceeding on his pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). This matter is before the Court for preliminary review. See Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243. For the reasons set forth below, the Court recommends that the Petition be DISMISSED without prejudice for failure to exhaust administrative remedies. I. BACKGROUND Petitioner constructively filed2 the instant Petition on December 11, 2023. (Doc. No. 1). 25 1 This matter was referred to the undersigned…