Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROY BROOKS, No. 2:24-cv-2084 DC CSK P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 GENA JONES, Warden, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se and in forma pauperis, filed a petition for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 Petitioner challenges the denial of the request to recall and resentence petitioner, claiming 20 he is entitled to resentencing under California Penal Code § 1172.1. (ECF No. 1 at 4-12.) 21 Respondent’s fully briefed motion to dismiss is before the Court. 22 Rule 4 of the Rules Governing § 2254 Cases requires the district court to dismiss a 23 petition “[i]f it plainly appears from the petition . . . that the petitioner is not entitled to relief.” 24 Rule 4 of the Rules Governing § 2254 Cases. 25 As discussed below, the Court recommends that the petition be dismissed with prejudice. 26 I. PROCEDURAL HISTORY 27 Petitioner was convicted in 2012 of assault…