Phillips

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. ALLEN, JR., No. 2:22-CV-0011-DAD-DMC-P Petitioner,

ORDER

v. and BRYAN D. PHILLIPS,

FINDINGS AND RECOMMENDATIONS

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. 34. Respondent has lodged relevant portions of the state court record in support of his motion. See ECF No. 35. 21 I. BACKGROUND Petitioner was convicted in the Sacramento County Superior Court of being a felon in possession of a firearm and two counts of second-degree robbery. See ECF No. 35-2. On May 19, 2021, Petitioner was sentenced to a determinate state prison term of eleven years and four months. See id. On June 28, 2022, Petitioner’s conviction and sentence were affirmed on direct appeal by the California Court of Appeal. See ECF No. 35-3. …