Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN MARCUS ZINMAN, Case No. 2:23-cv-02404-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS v. THAT PETITIONER’S MOTION TO

VACATE BE DENIED

JEFF MACOMBER, ECF No. 25 Respondent.

OBJECTIONS DUE IN FOURTEEN DAYS

16 17 Petitioner, a state prisoner proceeding pro se, brought this case in October 2023. ECF No. 1. On September 9, 2024, before any of his petitions were adequate to survive screening, he moved to voluntarily dismiss this case. ECF No. 22. Then, on September 30, 2024, he filed a motion to vacate, arguing that the entry of voluntary dismissal should be vacated, and this case should proceed under a theory that Cal. Penal Code § 422 is unconstitutional. ECF No. 25. This motion to vacate should be denied because petitioner’s argument as to this provision is incorrect. California Penal Code § 422 provides: Any person who willfully threatens to commit a crime which will result in death or great…