(HC) Atkinson v. The People of the Superior Court of Fresno County

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RICHARD EDWARD ATKINSON, Case No. 1:22-cv-01476-ADA-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT RESPONDENT’S MOTION TO

v. DISMISS AND DISMISS PETITION FOR

WRIT OF HABEAS CORPUS

JAMES ROBERTSON,1 (ECF No. 15) Respondent.

ORDER DIRECTING CLERK OF COURT

TO SUBSTITUTE RESPONDENT

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On August 7, 2013, Petitioner was convicted by a jury in the Fresno County Superior Court of aggravated mayhem. The jury also found true an allegation supporting a gang enhancement, and Petitioner admitted an enhancement allegation for two prior prison terms. On September 18, 2013, Petitioner was sentenced to an imprisonment term of life with the possibility of parole for aggravated mayhem plus ten years for the gang…