Pfeiffer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ERIC CRUZ MADERO, Case No. 1:24-cv-00445-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS WITHOUT

CHRISTIAN PFEIFFER, PREJUDICE

Respondent. (ECF No. 7)

ORDER DIRECTING CLERK OF COURT

TO SUBSTITUTE RESPONDENT

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND Petitioner was convicted in the Merced County Superior Court of attempted murder and assault with a deadly weapon. Various sentencing enhancement allegations were found true. Petitioner was sentenced to an imprisonment term of eighteen years to life. (LD2 1.) On February 1, 2023, the California Court of Appeal, Fifth Appellate District reversed the gang enhancements and remanded the matter to the trial…