Pfeifer

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 ERNEST HARRIS, Case No. 1:24-cv-00361-EPG-HC

12 Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

13 v. HABEAS CORPUS WITHOUT PREJUDICE

AND DENY PETITIONER’S MOTION FOR

14 C. PFEIFER, et al.,

EMERGENCY INJUNCTION

15 Respondents.

ORDER DIRECTING CLERK OF COURT

16 TO ASSIGN DISTRICT JUDGE

17 18 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. Given that the instant petition is unexhausted, the undersigned 20 recommends that the petition be dismissed without prejudice and the motion for emergency 21 injunction be denied. 22 I. 23 BACKGROUND 24 On March 28, 2024, Petitioner filed the instant petition for writ of habeas corpus 25 challenging a loss of ninety days of credit along with other presentence credit calculations. (ECF 26 No. 1.) On April 10, 2024, the Court ordered Petitioner to show cause why…