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\ 2 3 4 5 6 7 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRYON C. JOHNSON, No. 2:20-cv-02060-KJM-CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS DANIEL E. CUEVA, Respondent. 16 Petitioner is a former state prisoner proceeding pro se and in forma pauperis in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. This matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). Currently pending before the court is petitioner’s first amended habeas application filed on July 26, 2021. ECF No. 25. For the reasons explained below, the undersigned recommends summarily dismissing the amended habeas petition because it plainly appears from the record that petitioner is not entitled to relief. See Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254. I. Factual and Procedural History In his original § 2254 application, petitioner requested that state prison officials remove a 27 …