Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRE RENE SCOTT, No. 2:20-cv-0904 CKD P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STU SHERMAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and paid the filing fee. In the instant petition, petitioner challenges his 2003 conviction for three counts of second degree robbery and one count of being a felon in the possession of a firearm with additional firearm enhancements. (ECF No. 1 at 1.) He received a sentence of 116 years to life. (Id.) This court’s records show that petitioner has previously filed two applications for a writ of habeas corpus attacking the conviction and sentence challenged in this case. The first prior application was filed by the Clerk of the Court on June 14, 2010,1 and was denied as untimely on September 26, 2012. Scott v. Swarthout, No. 2:10-cv-0824 JAM CKD (E.D. Cal.), ECF…