(HC) Weece v.Hill

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN WEECE, Case No. 1:23-cv-00124-JLT-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DENY RESPONDENT’S MOTION TO

v. DISMISS

DAVID HOLBROOK, (ECF No. 14)

Respondent. ORDER DIRECTING PETITIONER TO

FILE SWORN DECLARATION THAT

CONTENTS OF PETITION ARE TRUE

AND CORRECT

ORDER DIRECTING CLERK OF COURT

TO SUBSTITUTE DAVID HOLBROOK AS

RESPONDENT

17 Petitioner John Weece is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends denying Respondent’s motion to dismiss. I. BACKGROUND On January 27, 2023, Petitioner filed a federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2016 Tulare County Superior Court convictions for multiple counts of sexual abuse of…