Matteson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMIE STEPHEN, No. 2:20-cv-1003 KJM KJN P 12 Petitioner, 13 v. ORDER and FINDINGS AND

RECOMMENDATIONS

14 WARDEN G. MATTESON, 15 Respondent. 16 17 I. Introduction 18 Petitioner is a state prisoner, proceeding without counsel. Respondent moves to dismiss 19 the petition on the grounds that petitioner’s challenge to the 2019 denial of parole fails to state a 20 cognizable federal habeas claim.1 Petitioner filed an opposition, and respondent filed a reply. As 21 set forth below, the undersigned recommends that the motion to dismiss be denied. 22 II. Background 23 Petitioner was arrested on June 6, 1989. (ECF No. 1 at 18.) Following a jury trial, on 24 April 10, 1991, petitioner was sentenced to 35 years to life with the possibility of parole based on 25 his conviction of second degree murder (15 years to life), plus 20 years due to enhancements. 26 1 Respondent was relieved of any obligation to respond to petitioner’s allegations concerning the 27 …