Gerald Lee Miller, Jr. v. Kathleen Allison

JS-

4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 Case No. CV 23-772 MWF (MRW) GERALD LEE MILLER, JR.,

ORDER DISMISSING ACTION

Petitioner, v. KATHLEEN ALLISON CDCR SECRETARY, et al., 17 Respondents. 18 19 The Court dismisses this habeas corpus action without leave to amend for failure to state a cognizable claim. * * * Background 1. This is a habeas action involving a state prisoner under 28 U.S.C. § 2254. (Docket # 1.) Petitioner is currently serving a forty-year term in state prison based on his 1998 conviction for attempted murder and other charges. (Docket # 18 at 3.) A small portion of Petitioner’s state 28 criminal sentence consists of enhancements for prior prison terms he served. 2. California Senate Bill 483 (effective January 2022) invalidated most prior prison term enhancements under state law. SB 483 also established a timeline for state courts to resentence eligible prisoners. The Attorney General acknowledges that Petitioner is eligible for…