(HC) Yocom v. Attorney General

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL A. YOCOM, Case No. 1:20-cv-01141-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS WITHOUT PREJUDICE

v. PETITION FOR WRIT OF HABEAS

CORPUS

ATTORNEY GENERAL,

ORDER DIRECTING CLERK OF COURT

Respondent. TO RANDOMLY ASSIGN DISTRICT

JUDGE

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND Petitioner was convicted after a jury trial in the Tulare County Superior Court of attempted murder, assault, criminal threats, resisting arrest, removal of firearm, and violation of restraining order. Petitioner was sentenced to an imprisonment term of forty years to life. (ECF No. 1 at 1–2).1 Petitioner’s criminal appeal is pending in the California Court of Appeal. (Id. at 3). Meanwhile on August 11, 2020, Petitioner filed the instant federal petition for writ of habeas corpus.…