Cates

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ASCENCION GOMEZ, Case No. 1:23-cv-01001-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

BRIAN CATES, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

15 Petitioner Ascencion Gomez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition is not cognizable in federal habeas corpus, the undersigned recommends that the petition be dismissed without prejudice to refiling the claims in a properly filed civil action brought pursuant to 42 U.S.C. § 1983. I. BACKGROUND In 1997, Petitioner was convicted in the San Bernardino County Superior Court of first- degree murder with use of a firearm and attempted murder with use of a firearm and sentenced to an imprisonment term of fifty-two years to life. (ECF No. 1 at 1.)1 On July 5, 2023,…