Neuschmid

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KENNETH A. JACKSON, Case No. 1:19-cv-00357-LJO-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS WITHOUT

PREJUDICE PETITION FOR WRIT OF

ROBERT NEUSCHMID, HABEAS CORPUS

Respondent. (ECF No. 12)

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 On May 8, 2014, Petitioner was convicted after a jury trial in the Madera County Superior Court of multiple counts of arson, conspiracy to commit arson, battery on a peace officer, and resisting arrest. Petitioner was sentenced to an aggregate imprisonment term of thirty years and eight months. (LDs1 1, 2). On July 17, 2018, the California Court of Appeal, Fifth Appellate District affirmed Petitioner’s convictions for conspiracy to commit arson, battery on a peace officer, resisting…