Acquisto

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT ANDREW MORRISON, No. 2:23-cv-00559-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STEVEN ACQUISTO, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. As discussed below, the petition must be dismissed. See Rule 4, Rules Governing § 2254 Cases (requiring summary dismissal of habeas petition if, upon initial review by a judge, it plainly appears “that the petitioner is not entitled to relief in the district court”). Petitioner states that the direct appeal of the judgment of conviction under attack is “still pending.” See ECF No. 1 at 1-2 (referencing case number C097455). Review of the online docket for the California Court of Appeal, Third Appellate District, confirms the same. Because ///// ///// 27 1 Petitioner also seeks leave to proceed in forma pauperis. ECF No. 2. That request is granted. the…