Cates
Ascencion Gomez v. Brian Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ASCENCION GOMEZ, Case No. 1:25-cv-00729-KES-SAB-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
GRANT RESPONDENT’S MOTION TO
v. DISMISS AND DISMISS PETITION
BRIAN CATES, (ECF No. 12)
Respondent.
15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation serving consecutive terms of life with the possibility of parole for first-degree murder and attempted murder. (ECF No. 12-1 at 6.1) On June 16, 2025, Petitioner filed the instant petition for writ of habeas corpus, challenging a prison disciplinary proceeding in which he was found guilty of battery on a peace officer and penalized with a 150-day loss of custody credit. (ECF No. 1 at 1.) Petitioner asserts the following claims for relief: (1) failure…