(HC)Canderlario Vargas v. James Robertson

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CANDELARIO VARGAS, Case No. 1:21-cv-00655-JLT-SAB-HC

Petitioner, ORDER VACATING JANUARY 25, 2022

FINDINGS AND RECOMMENDATION

v.

AMENDED FINDINGS AND

JAMES ROBERTSON, RECOMMENDATION TO DENY

RESPONDENT’S MOTION TO DISMISS

Respondent. (ECF Nos. 12, 22) 14 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 November 15, 2013, Petitioner was convicted in the Tulare County Superior Court of assault with a firearm. On February 20, 2014, Petitioner was sentenced to an imprisonment term of two years for assault with a firearm plus a ten-year enhancement under California Penal Code section 186.22(b)(1)(C) and a three-year enhancement under California Penal Code section 12022.7, for a total imprisonment term of fifteen years. (LD1 1.) Petitioner did not appeal the judgment. (ECF No. 12 at 1.)2 On July 9, 2018, the …