Phillips

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LEE ALLEN, JR., No. 2:22-cv-00011-DAD-DMC (HC) 12 Petitioner, 13 v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN PART AND

14 BRYAN D. PHILLIPS, GRANTING IN PART AND DENYING IN

PART RESPONDENT’S MOTION TO

15 Respondent. DISMISS PETITIONER’S THIRD

AMENDED PETITION

16 (Doc. Nos. 34, 49) 17 18 Petitioner Anthony Lee Allen, Jr. is a state prisoner proceeding pro se and in forma 19 pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was 20 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 21 302. 22 On May 19, 2021, petitioner was sentenced to a determine state prison term of eleven 23 years and four months. (Doc. No. 35-2.) He had been convicted in the Sacramento County 24 Superior Court of being a felon in possession of a firearm and two counts of second-degree 25 robbery following an incident at a liquor store in which he took food and drink…