(HC)Garcia

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOEL RUBEN GARCIA, No. 1:24-cv-00091-KES-SKO (HC) 12 Petitioner, FINDINGS AND RECOMMENDATION

TO GRANT RESPONDENT’S MOTION

13 v. TO DISMISS MIXED PETITION 14 [Doc. 11]

BRYAN PHILLIPS,

15 [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE] 16

17 18 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant petition on 20 January 19, 2024, challenging his 2020 conviction in Fresno County Superior Court of one count 21 of forcible lewd act upon a child, two counts of committing a lewd act upon a child, one count of 22 attempted lewd act upon a child, and one count of assault by means likely to produce great bodily 23 injury. (Doc. 12-1 at 1.) He was sentenced a total term of 26 years in state prison. (Doc. 12-1 at 24 1.) 25 Petitioner appealed to the California Court of Appeals. …