Cueva

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRYON C. JOHNSON, No. 2:20-cv-02060-DAD-CKD (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 DANIEL E. CUEVA, HABEAS PETITION 15 Respondent. (Doc. No. 28) 16 17 Petitioner Bryon C. Johnson is a former state prisoner proceeding pro se and in forma 18 pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 19 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 20 302. 21 On August 23, 2022, the assigned magistrate judge issued findings and recommendations 22 recommending that petitioner’s federal habeas petition be summarily dismissed based on a lack of 23 jurisdiction because “there is no indication that petitioner is being held in state custody based on a 24 ‘violation of the Constitution or laws or treaties of the United States.’” (Doc. No. 28 at 2) 25 (quoting 28 U.S.C. § 2254(a)). Specifically, the findings…