Jones
(HC) McClintock v. Jones
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN SCOTT MCCLINTOCK, No. 2:24-cv-01599 TLN AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS GENA JONES, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the petition. ECF No. 11. Petitioner has filed an opposition and respondent has filed a reply. ECF Nos. 13, 15. For the reasons that follow, the undersigned recommends granting respondent’s motion to dismiss. I. Factual and Procedural History On January 9, 2003, petitioner was sentenced to two indeterminate terms of 15 years to life to be served consecutively to one another following his conviction in the San Diego Superior Court on eight counts of lewd or lascivious acts with a child under fourteen. ECF No. 11 at 10- 14. His habeas corpus application, however, challenges petitioner’s June 18, 2023…