(HC) Burgess v. The People of the State of CA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWAYNE LAMONT BURGESS, No. 2:22-cv-00573-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

14 PEOPLE OF THE STATE OF HABEAS PETITION

CALIFORNIA,

15 (Doc. Nos. 1, 8, 10, 11, 15, 17, 19) Respondent. 16 17 Petitioner Dwayne Lamont Burgess is a 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 September 14, 2022, the assigned magistrate judge issued findings and 22 recommendations recommending that petitioner’s federal habeas petition be summarily dismissed 23 for lack of jurisdiction because “[p]etitioner appears to complain about the confiscation of money 24 and/or property in the context of a state court criminal action,” and “[p]roperty-related claims are 25 not within the scope of…