Bolanos

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME MARKIEL DAVIS, No. 2:19-cv-0408 JAM CKD P Petitioner, v. FINDINGS & RECOMMENDATIONS CARLOS BOLANOS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the petition as premature. (ECF No. 13.) I. Factual and Procedural Background On February 7, 2017, petitioner was convicted of attempted murder, assault with a firearm, grossly negligent discharge of a firearm, and discharge of a firearm at an inhabited dwelling, along with gang and firearm enhancements, in Sacramento County Superior Court case number 15F02816. (ECF No. 1 at 1; ECF No. 14-1.) He received a determinate sentence of seventeen years and three months and an indeterminate sentence of twenty-five years to life. (Id.) Petitioner appealed his sentence and on September 28, 2018, the…