Spearman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAM PEREZ, No. 2:19-CV-1223-KJM-DMC-P Petitioner, v. FINDINGS AND RECCOMENDATIONS M. ELIOT SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is respondent’s unopposed motion to dismiss (ECF No. 13). 20 I. BACKGROUND Petitioner, Sam Perez, was convicted of premeditated attempted murder, with attached sentencing enhancements for firearm use and gang affiliation. See ECF No. 14-2, pg. 1. On November 2015, the trial court sentenced petitioner to state prison for a term of 42 years to life. Id. Petitioner appealed his conviction to the California Court of Appeal. On March 29, 2018, the Court of Appeal modified the judgment by striking the determinate term of ten years for the gang enhancement. Also, the life term for the premeditated attempted murder…