(HC) Evans v. For The People

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

GENE E EVANS, ) Case No.: 1:20-cv-00202-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO FOR THE PEOPLE, ) DISMISS PETITION Respondent. ) ) [THIRTY DAY OBJECTION DEADLINE] )

Petitioner filed a federal habeas petition on February 10, 2020. (Doc. 1.) He challenges a 2000 conviction in Fresno County Superior Court of receiving stolen property for which he was sentenced to five years. (Doc. 1 at 3.) It appears Petitioner is no longer in custody for that conviction. Therefore, the Court will recommend that the petition be DISMISSED for lack of jurisdiction. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 25 …