Phillips

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALFONSO VELASCO PEREZ, No. 1:24-cv-00554-KES-SKO (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

RESPONDENT’S MOTION TO DISMISS,

DISMISSING PETITION FOR WRIT OF

v. HABEAS CORPUS, DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY, AND

DIRECTING CLERK OF COURT TO ENTER

JUDGMENT AND CLOSE CASE

16 BRYAN D. PHILLIPS, Docs. 11, 15 17 Respondent.

19 Petitioner Alfonso Velasco Perez is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, he asserts that his sentence is grossly disproportionate and violates the Eighth Amendment. Doc. 1 at 4. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 16, 2024, the assigned magistrate judge issued findings and recommendations to…