(HC) Garza v. Smith
Opinion
trial_court Opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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10 RICHARD ANTHONY GARZA, Case No. 1:24-cv-01500-JLT-EPG-HC
11 Petitioner, FINDINGS AND RECOMMENDATION TO
GRANT RESPONDENT’S MOTION TO
12 v. DISMISS AND DISMISS PETITION
13 STEVE SMITH,1 (ECF No. 11)
14 Respondent. ORDER DIRECTING CLERK OF COURT
TO SUBSTITUTE RESPONDENT
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16 17 Petitioner Richard Anthony Garza is a state prisoner proceeding pro se with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the 19 undersigned recommends granting Respondent’s motion to dismiss and dismissing the petition. 20 I. 21 BACKGROUND 22 On December 8, 1992, Petitioner pleaded guilty to second-degree murder and admitted an 23 enhancement under California Penal Code section 12022(b). On January 12, 1993, Petitioner was 24 sentenced to an imprisonment term of fifteen years to life plus a consecutive one-year term for 25 the enhancement. (ECF No. 10-2 at 8.2) 26 1 Steve Smith is the…