Burton
(HC) Henry v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HENRY, No. 2:22-cv-0609 KJM DB P Petitioner, v. AMENDED FINDINGS AND
RECOMMENDATIONS
ROBERT BURTON, Respondent. 16 Petitioner, a state prisoner, proceeds pro se with petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a judgment of conviction for murder entered in 1986 in the Solano County Superior Court. On June 30, 2023, the undersigned issued findings and recommendations which recommended the petition be dismissed without prejudice for lack of jurisdiction. (ECF No. 15.) On September 26, 2023, the presiding district judge declined to adopt the findings and recommendations and referred the matter back to the undersigned for further consideration. (ECF No. 18.) Consistent with that order, the undersigned issues these amended findings and recommendations. For the reasons set forth below, the petition should be dismissed. I. Background In 1986, a jury…