Warden
Marvin Pack, Jr. v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARVIN PACK, JR., No. 2:24-cv-2998-SCR Petitioner, v. ORDER AND WARDEN, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner is an incarcerated individual representing himself in this habeas corpus action filed pursuant to 28 U.S.C. § 2254. Currently pending before the court is respondent’s motion to dismiss the petition because it does not contain any cognizable claim for relief. ECF No. 9. Petitioner has filed an opposition to the motion. ECF No. 13. For the reasons explained below, the undersigned recommends granting respondent’s motion to dismiss. I. Factual and Procedural History In 1995, the San Joaquin County Superior Court sentenced Petitioner to an indeterminate term of 15 years to life, in addition to a 4 year determinate term, for a second degree murder conviction. This habeas petition challenges his October 4, 2022 parole denial on the basis that the California…