(HC) Hubbard v. Glenn County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DALE WESLEY HUBBARD, Jr., No. 2:20-cv-01232 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GLENN COUNTY SUPERIOR COURT, 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. For his single ground for relief, petitioner argues “[t]he court imposed a prison prior enhancement that has since been revised. Penal Code § 667.5(b), as currently written, no longer applies to my case.” ECF No. 1 at 3. Petitioner was convicted and sentenced in Glenn County Superior Court for vehicle theft with priors (Cal. Pen. Code § 666.5) and received a sentencing 26 …