Shirley

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARRIEN WASHINGTON, Case No. 1:21-cv-01504-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS WITHOUT

PREJUDICE PETITION FOR WRIT OF

HEATHER SHIRLEY, HABEAS CORPUS

Respondent. (ECF No. 10)

ORDER DIRECTING CLERK OF COURT

TO SUBSTITUTE RESPONDENT

17 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 November 21, 2017, Petitioner was convicted after a jury trial in the Kings County Superior Court of attempted murder, assault with a firearm, shooting at an occupied vehicle, active participation in a street gang, and being an ex-felon in possession of a firearm. The jury found true enhancements that the offenses were committed for the benefit of or in association with a criminal street gang and…