Locatelli

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ERIC CURTIS LUND, No. 2:21-cv-1831-DJC-SCR Petitioner, v. ORDER AND IZEN LOCATELLI, et al., FINDINGS & RECOMMENDATIONS Respondents. 15 Petitioner is proceeding through counsel in this habeas corpus action pursuant to 28 U.S.C. § 2254. On June 7, 2024, respondents filed a partial motion to dismiss the operative third amended § 2254 petition. ECF No. 39. The motion has been fully briefed by the parties. ECF Nos. 42, 44. For the reasons explained in further detail below, the undersigned recommends granting the motion in part and denying it in part. I. Factual and Procedural History Petitioner’s amended habeas corpus petition challenges his 2019 conviction for possession of over 600 images of child pornography in violation of California Penal Code § 311.11(c)(1) following a jury trial in the Solano County Superior Court. Petitioner was sentenced to 5 years in prison followed by supervised release and…