Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCUS J. BEAVERS, No. 2:19-cv-00353 TLN GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS STU SHERMAN, Warden, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). The petition in this case, as colored by the underlying state court proceedings, is unclearly written in terms of the particular state case under attack here, but there is no mistaking the overarching claim. Petitioner contests the use of a prior Placer County conviction, a conviction to which petitioner entered a plea, to enhance the sentence for which petitioner is currently incarcerated (the Sacramento County case). Respondent has made a motion to dismiss in which alternative positions are argued in terms of whether the…