Prudhel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANTE PERKINS, No. 2:25-CV-0947-DC-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. JOSHUA PRUDHEL, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss, ECF No. 11. This action proceeds on the original petition, ECF No. 1. Petitioner asserts that his constitutional due process rights were violated when “two (2) enhancements were removed by the resentencing state court judge who declined to also remove a third that was imposed earlier under the exact same case and circumstances.” ECF No. 1, pg. 6. Petitioner argues his claim does not allege the misapplication of state law, but rather, that Petitioner’s due process rights were violated by the state court’s decision to not strike the third enhancement, citing United States v. Tucker, 404 U.S. 443, 448 (1972) and Mullaney…