(HC) Evans v. For The People

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 GENE E EVANS, ) Case No.: 1:20-cv-00202-AWI-JLT (HC) ) 12 Petitioner, ) FINDINGS AND RECOMMENDATION TO ) DISMISS PETITION 13 v. ) ) [THIRTY DAY OBJECTION DEADLINE] 14 FOR THE PEOPLE, ) 15 Respondent. ) ) 16 )

17 Petitioner filed a federal habeas petition on February 10, 2020. (Doc. 1.) On February 21, 18 2020, the Court issued findings and recommendation to dismiss the petition for lack of jurisdiction. 19 (Doc. 5.) On April 21, 2020, Petitioner filed a habeas petition in the United States Court of Appeals 20 for the Ninth Circuit, which was transferred to this Court and filed as a first amended petition. (Docs. 21 9, 10.) Because Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a 22 preliminary review of each petition for writ of habeas corpus, the Court withdrew the findings and 23 recommendation on November 3, 2020. (Doc. 11.) Petitioner challenges a 2000 conviction in Fresno 24 County Superior…