Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MINH KHA HOANG PHAN, No. 2:21-cv-2219 TLN CKD P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 P. COVELLO, 15 Respondent. 16 17 Petitioner is a California prisoner proceeding with an application for writ of habeas corpus 18 under 28 U.S.C. § 2254. Respondent has filed a motion to dismiss. 19 On December 1, 2017, petitioner was sentenced to 50-years-to-life following a finding by 20 a jury that petitioner committed first degree murder and found a firearm enhancement true. ECF 21 No. 13-1. Petitioner appealed. On June 5, 2020, the Third District of the California Court of 22 Appeal remanded the case to the Superior Court of Sacramento County for further sentencing 23 proceedings. ECF No. 13-2. Those proceedings occurred on October 9, 2020, and petitioner’s 24 sentence remained unchanged. ECF No. 13-5. Petitioner filed a notice of appeal with respect to 25 that decision on November 18, 2020. ECF No. 13-6. On July 26, 2022, the Third District 26 …