Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES DENERICK NELSON, JR., No. 2:23-cv-1438 TLN KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS PATRICK COVELLO, Respondent. 16 Petitioner is a California prisoner proceeding with an application for writ of habeas corpus under 28 U.S.C. § 2254. Respondent has filed a motion to dismiss. Petitioner is serving a sentence of eight years and eight months following his conviction in the Sacramento County Superior Court for lewd and lascivious conduct with a child under fourteen and indecent exposure. (ECF No. 17-1.) Petitioner filed an appeal, and on August 5, 2022, the state appellate court remanded the case to the trial court with directions to recalculate the award of presentence credits and otherwise affirmed the judgment. (ECF No. 17-2.) Petitioner sought review in the California Supreme Court, which was denied on October 12, 2022. (ECF No. 17-4.) On December 15, 2022, the trial court awarded petitioner…