Mark Jenkins v. Carlos Arce

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

MARK JENKINS, No. 2:24-cv-08473-DOC-BFM Petitioner, v. ORDER TO SHOW CAUSE WHY HABEAS PETITION

CARLOS ARCE, SHOULD NOT BE DISMISSED

15 Respondent. 16 17 SUMMARY OF ORDER Petitioner Mark Jenkins filed a habeas petition in federal court arguing that he should be resentenced in state court. Jenkins’ claim does not appear to be cognizable on federal habeas review—meaning, it is not the kind of claim for which the federal courts may grant habeas relief. Federal courts may only grant federal habeas relief if a prisoner is held in violation of the federal Constitution, a federal statute, or treaty. Estelle v. McGuire, 502 U.S. 62, 68 (1991). But Jenkins’ claim appears to be a matter of state resentencing law, and a court may not grant federal habeas corpus relief for errors of state law. Wilson v. Corcoran, 562 U.S. 1, 5 (2010). To the extent…