(HC) Yocom v. Attorney General
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL A. YOCOM, Case No. 1:20-cv-00645-DAD-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS FIRST AMENDED PETITION FOR
v. FAILURE TO EXHAUST ATTORNEY GENERAL, OBJECTIONS DUE IN FOURTEEN DAYS Respondent. ECF No. 15 16 Petitioner Michael A. Yocom, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On May 11, 2020, we issued findings and recommendations to dismiss the petition for failure to exhaust. ECF No. 10. In response, petitioner moved to file an amended petition. ECF No. 11. We granted him leave to do so and accordingly vacated our May 11, 2020 findings and recommendations. ECF Nos. 12, 14. Petitioner’s first amended petition, ECF No. 15, is now before us for review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is…