Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROY BROOKS, No. 2:24-cv-2084 DC CSK P Petitioner, v. FINDINGS AND RECOMMENDATIONS GENA JONES, Warden, Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges the denial of the request to recall and resentence petitioner, claiming he is entitled to resentencing under California Penal Code § 1172.1. (ECF No. 1 at 4-12.) Respondent’s fully briefed motion to dismiss is before the Court. Rule 4 of the Rules Governing § 2254 Cases requires the district court to dismiss a petition “[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief.” Rule 4 of the Rules Governing § 2254 Cases. As discussed below, the Court recommends that the petition be dismissed with prejudice. I. PROCEDURAL HISTORY Petitioner was convicted in 2012 of assault…