(HC) Herrera v. On Habeas Corpus

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHNNY Y. HERRERA, Case No. 1:24-cv-00879-KES-CDB (HC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

UNKNOWN, TO CLOSE CASE, AND DECLINING TO

ISSUE A CERTIFICATE OF APPEALABILITY

Defendant. (Doc. 8)

Petitioner Johnny Herrera is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Doc. 1. The petition seeks review of a sentence imposed upon him in state court. Id. at 2. Petitioner claims his sentence should be reduced. Id. at 3-4, 7-8. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 15, 2024, the assigned magistrate judge issued findings and recommendations to dismiss the petition, finding that petitioner (1) failed to name the state officer…