Santoro

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKEIM RASHAD McFADDEN, No. 2:22-CV-2244-WBS-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS KELLY SANTORO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. §2254. Pending before the Court is Respondent’s unopposed motion to dismiss. See ECF No. 16. Respondent has lodged portions of the state court record in support of her motion. See ECF No. 15. 21 I. BACKGROUND In October 2020, in the County of Sacramento, Petitioner was convicted of first- degree murder, attempted voluntary manslaughter, and two counts of being a felon in possession of a firearm. See ECF No. 1. Petitioner was sentenced to a total term of 75 years to life, plus 23 years, and 8 months in prison. See ECF No. 15-2. Petitioner appealed his conviction to the California Court of Appeal, Third Appellate District. See id. at 2. On…