Pfeiffer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY THOMAS WOLFINGTON, No. 2:20-cv-0653 KJM AC P Petitioner, v. FINDINGS AND RECOMMENDATIONS JARED D. LOZANO, Warden,1 Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Petitioner was incarcerated at California State Prison Sacramento when he filed his petition. On June 5, 2020, respondent filed a motion to dismiss the petition. ECF No. 16. Respondent’s motion contends that the petition was prematurely filed because petitioner’s sentence remains pending on remand in the Yolo County Superior Court. Id. Petitioner’s response to respondent’s motion to dismiss was due within thirty days after service of the motion. See ECF No. 8 at 2:12-4. Petitioner has not filed a response. He has instead filed a request for appointment of counsel and a notice that he was recently transferred to

26 A federal petition for writ of…