(HC) Garcia v. Montgomery

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHNNY GARCIA, Case No. 1:23-cv-00082-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v.

HABEAS CORPUS WITHOUT PREJUDICE

W.L. MONTGOMERY,

ORDER DIRECTING CLERK OF COURT

Respondent. TO ASSIGN DISTRICT JUDGE

16 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 January 19, 2023, Petitioner filed the instant petition for writ of habeas corpus, challenging his 2022 King County Superior Court convictions. In his sole claim for relief, Petitioner asserts that the trial court erred in failing to issue an unanimity instruction. (ECF No. 1 at 5.) On January 25, 2023, the Court found that the petition did not comply with Rule 2(c) of the Rules Governing Section 2254 Cases, which states that a petition must “(1) specify all the grounds for relief available to the petitioner; [and] (2) state…