Atchley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN SHOLL, II, No. 2:21-cv-0064 KJM AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

MATTHEW ATCHLEY, WARDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, seeks habeas relief pursuant to 28 U.S.C. § 2254. The matter has been referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court are respondent’s motion to dismiss and petitioner’s motion to strike restitution. ECF Nos. 17, 23. For the reasons stated below, petitioner’s motion to strike restitution will be denied. The undersigned will further recommend that the motion to dismiss be granted. I. BACKGROUND In 2017, petitioner was convicted of second-degree murder in Sacramento County Superior Court case number 15F04686, and was sentenced to an aggregate term of forty years to life in state prison. On appeal, the case was remanded to…