(HC) Serrato v. C. Koenig

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL ANGELO SERRATO, No. 2:19-cv-00090 JAM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS C. KOENIG, Respondent. 16 17 Introduction and Summary Petitioner, entering a plea of guilty, was convicted of first-degree burglary in 1987. It might seem like an easy task to find that this habeas corpus case commenced in 2019 would jurisdictionally fail due to petitioner’s not being “in custody” for these decades old conviction he desires to attack. However, with the jurisdictional Gordian knots which the courts sometimes tie, nothing is easy. Cutting through the twists of the facts, the undersigned finds that petitioner is indeed not in custody for purposes of this federal habeas proceeding. After carefully reviewing the filings, the undersigned recommends dismissal of this case. //// //// //// Factual Background Petitioner pled guilty to first-degree burglary in 1987 (Case No. 7813) with a prior conviction…