Koenig

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARY PAUL SMITH, Case No. 1:20-cv-00780-NONE-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

KOENIG, (ECF No. 9) Respondent.

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 On December 23, 2002, Petitioner pleaded guilty in the Fresno County Superior Court to two counts of second-degree robbery. Petitioner also admitted to various enhancements. On January 23, 2003, Petitioner was sentenced to a determinate imprisonment term of twenty-five years. (LDs1 1, 2). Petitioner did not appeal his sentence. /// /// /// On May 30, 2020,2 Petitioner constructively filed the instant federal petition for writ of habeas corpus. (ECF No. 1). On August 6, 2020, Respondent filed a motion to dismiss the petition as…