Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

FRANCISCO XAVIER CARBAJAL, JR., Case No. 1:19-cv-01628-DAD-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS RALPH DIAZ, Respondent.

16 Petitioner Francisco Xavier Carbajal, Jr. is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As Petitioner cannot bring a federal habeas petition directed solely at his expired 1992 conviction and given that Petitioner previously sought federal habeas relief with respect to his current enhanced sentence, the undersigned recommends dismissal of the petition. I. BACKGROUND On November 15, 2019, Petitioner filed the instant federal petition for writ of habeas corpus. Therein, Petitioner states that he is challenging his 1992 conviction in the Merced County Superior Court for a violation of California Penal Code section 4573.5. Petitioner’s sentence was six months. (ECF No. 1 at 1).1…