(HC) Serrato v. C. Koenig

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ANGELO SERRATO, No. 2:19-cv-00090 JAM GGH P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 C. KOENIG, 15 Respondent. 16 17 18 Introduction and Summary 19 Petitioner, entering a plea of guilty, was convicted of first-degree burglary in 1987. It 20 might seem like an easy task to find that this habeas corpus case commenced in 2019 would 21 jurisdictionally fail due to petitioner’s not being “in custody” for these decades old conviction he 22 desires to attack. However, with the…