(HC) Yocom v. Attorney General

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL A. YOCOM, No. 1:20-cv-01141-DAD-SAB (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS DISMISSING

ATTORNEY GENERAL, PETITION, AND DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

Respondent. (Doc. No. 8)

17 Petitioner Michael A. Yocom is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 8, 2020, the assigned magistrate judge issued findings and recommendations recommending that the pending petition for federal habeas relief be dismissed because petitioner’s direct appeal of his state court judgment of conviction is still pending before the state appellate court. (Doc. No. 8 at 2–3.) Accordingly, the magistrate judge recommended dismissing the petition without prejudice. (Id.…