(HC) Johnson v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BYRON EUGENE JOHNSON, No. 2:19-cv-02439 GGH P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
PEOPLE OF THE STATE OF
CALIFORNIA,
15 Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Nevertheless, the undersigned will recommend summary dismissal of the pending petition based on a failure to raise a federal cognizable claim. Petitioner requests in his habeas petition modification or resentencing pursuant to California Assembly Bill 1618. ECF No. 1 at 3. Petitioner was convicted and sentenced in Sacramento County Superior Court for corporal punishment on a spouse and received sentencing enhancements for prior felonies. Id. at 2. The petition, however, is directed to the California Supreme Court. Id. at…