Pratt

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL R. LEMUS, No. 2:23-CV-01968-DAD-DMC-P 12 Petitioner,

13 v. FINDINGS AND RECOMMENDATIONS 14 GLEN PRATT, 15 Respondent. 16 17 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas 18 corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, 19 ECF No. 18. Respondent has lodged relevant state court records in support of the motion, ECF 20 No. 20. Petitioner has not filed an opposition. 21 22 I. BACKGROUND 23 Petitioner was convicted in the Butte County Superior Court of evading an officer 24 against traffic and assault with a deadly weapon on a peace officer or firefighter. See ECF No. 25 20-1. On March 2, 2022, Petitioner was sentenced to a determinate state prison term of eleven 26 years and four months. See id. On May 1, 2023, Petitioner’s conviction and sentence were 27 affirmed on direct appeal by the California Court of Appeal. See ECF No.…