Phillips

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ANTHONY JAMES MYERS, Case No. 1:23-cv-00409-JLT-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

GRANT IN PART RESPONDENT’S

v. MOTION TO DISMISS

BRYAN D. PHILLIPS, et al., (ECF No. 13)

Respondents. ORDER VACATING JULY 19, 2023

HEARING

16 Petitioner, represented by counsel, is a state prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On August 16, 2018, Petitioner was found guilty by a jury in the Tulare County Superior Court of multiple sex crimes against three minor victims. (LD 1–2;1 ECF No. 1 at 10–11.2) On October 12, 2018, Petitioner was sentenced to an imprisonment term of 225 years to life plus 13 years. (LD 1–2; ECF No. 1 at 11.) On December 21, 2021, the California Court of Appeal, Fifth Appellate District, stayed the sentence imposed on count 10 and affirmed the judgment in all other respects. (LD 2.) On March…