Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MINH KHA HOANG PHAN, No. 2:24-cv-3309-TLN-SCR Petitioner, v. FINDINGS & RECOMMENDATIONS P. COVELLO, Respondent. 16 Petitioner is a state prisoner representing himself in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss. ECF No. 11. Petitioner has not filed an opposition and the time to do so has expired. For the reasons explained in detail below, the undersigned recommends granting the motion to dismiss the § 2254 petition without prejudice based on lack of jurisdiction. I. Factual and Procedural History Petitioner was convicted of first degree murder in the Sacramento County Superior Court. On December 1, 2017, he was sentenced to an indeterminate term of 50 years to life in prison. ECF No. 11 at 43. On a state habeas application, petitioner indicated that he expected to be released “in the future” rather than on a date…