(HC) Franklin v. Fisher, Jr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY FRANKLIN, No. 2:19-cv-0802 KJM DB P Petitioner, v. ORDER AND R. FISHER, Jr., FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). I. Relevant Procedural Background On May 1, 2019, petitioner filed the instant § 2254 petition. Petitioner challenges the sentence of 32 years and 4 months that he received following his 2002 conviction for rape, sexual battery, and commission of a lewd act on a minor in the Sacramento County Superior Court, Case No. 01F02563. For enhancement purposes, the jury also found…