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. ORDER 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. At present, it does not appear that petitioner has satisfied his exhaustion requirements and the Court orders petitioner to show cause why this petition should not be dismissed. 21 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 Third Appellate District of the California Court of Appeal (Court of Appeal). On March 29, 2018, the Court of Appeal modified the judgment by 28 …