James Lee Thomas III v. Gigi Matterson

I. INTRODUCTION

Petitioner James Lee Thomas III is a state prisoner proceeding pro se and in forma pauperis with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). Petitioner challenges his 2021 conviction and sentence for assault with a firearm. See id. at 2. For the reasons set forth below, the Petition is summarily dismissed without prejudice because it fails to assert any claim cognizable in federal habeas corpus. Il. BACKGROUND In May 2021, Petitioner pled nolo contendere to one count of assault with a firearm (Cal. Penal Code § 245(a)(2)) in the Superior Court for the County of Los Angeles, Case No. MA079707. See Superior Court of California, County of Los Angeles, Criminal Case Summary (search by case

number “MA079707-01”), https://www.lacourt.org/criminalcasesummary/ ui/Selection.aspx (last accessed April 2, 2024). The trial court sentenced Petitioner to an aggregate term of 10 years’ imprisonment, consisting of (i) a term of 3 years, doubled to 6 years under Penal Code §§ 667(b)-(i) or 1170.12 (a)-(e) (prior crime enhancement); and (ii) an additional term of 4 years under Penal Code § 12022.5(A)(D) (firearm enhancement). See…