Long

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT JEFFERY LABERT, No. 2:20-CV-0440-JAM-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS D. LONG, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss. See ECF No. 16. 20 I. BACKGROUND A. State Court Petitioner was convicted of six counts of committing a lewd act on a child under fourteen against two victims. See ECF No. 17-1. Petitioner was sentenced to an indeterminate state prison term of ninety years to life. See id. The California Court of Appeal affirmed the conviction and sentence on July 9, 2009. See ECF NO. 17-2. The California Supreme Court denied direct review on September 17, 2009, without comment or citation. See ECF No. 17-4. Petitioner did not seek certiorari in the United States Supreme…