Covello

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ROBERT TREVINO, No. 1:23-cv-00441-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

PATRICK COVELLO, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN DISTRICT

Respondent. 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 In 1995, Petitioner was convicted of second-degree murder in the Tulare County Superior Court and sentenced to an imprisonment term of fifteen years to life plus one year. (ECF No. 1 at 1.)1 In 1997, the California Court of Appeal, Fifth Appellate District affirmed the judgment and the California Supreme Court denied review. (Id. at 2–3.) Meanwhile, on August 7, 1996, Petitioner filed a federal habeas petition in this Court that was dismissed for failure to exhaust state remedies on May 16, 1997. (Id. at…