Fisher

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY P. FRANKLIN, No. 2:19-cv-02427 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

R. FISHER, JR., Warden, 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 resentencing pursuant to California Senate Bill 136. ECF No. 1 at 2, 4. Petitioner was convicted and sentenced in Sacramento County Superior Court for sexual battery, rape, lewd act on a child, and received sentencing enhancements for prior violent and non-violent felonies pursuant to Cal. Pen. Code §§ 667(a), 667.5(b). Id. at 9. The 26 …