(HC) Meza v. St. Andre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOAQUIN MEZA, No. 2:23-cv-02748-DAD-KJN (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 R. ST. ANDRE, HABEAS PETITION 15 Respondent. (Doc. Nos. 24, 26) 16 17 Petitioner Joaquin Meza is a state prisoner proceeding pro se and in forma pauperis with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a 19 United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On February 6, 2024, the assigned magistrate judge issued findings and recommendations 21 recommending that respondent’s motion to dismiss (Doc. No. 24) be granted due to petitioner’s 22 failure to first exhaust his claims before the highest state court before presentation to this federal 23 court and for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2254. 24 (Doc. No. 26 at 3–7.) The pending findings and recommendations were…