(HC) Milo v. Ken Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESSIE DELACRUZ MILO, Case No. 1:21-cv-01253-JLT-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS1 KEN CLARK, Warden, FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 15) 16 17 Petitioner Jessie Delacruz Milo (“Petitioner”), a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). In response, Respondent filed a Motion to Dismiss. (Doc. No. 15). Petitioner filed an opposition to the Motion to Dismiss. (Doc. No. 18). For the reasons set forth more fully below, the undersigned recommends granting Respondent’s Motion to Dismiss. I. BACKGROUND Petitioner is serving a 175 years to life prison sentence for his 2004 conviction for three counts of premeditated attempted murder, shooting at an unoccupied vehicle, shooting from a motor…