Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY LEE ALLEN, JR., No. 2:22-cv-00011-DAD-DMC (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART AND

BRYAN D. PHILLIPS, GRANTING IN PART AND DENYING IN

PART RESPONDENT’S MOTION TO

Respondent. DISMISS PETITIONER’S THIRD

AMENDED PETITION

16 (Doc. Nos. 34, 49) 17 Petitioner Anthony Lee Allen, Jr. is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 19, 2021, petitioner was sentenced to a determine state prison term of eleven years and four months. (Doc. No. 35-2.) He had been convicted in the Sacramento County Superior Court of being a felon in possession of a firearm and two counts of second-degree robbery following an incident at a liquor store in which he took food and drink…