Sullivan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL JEROME BOWEN, No. 2:20-CV-00316-JAM-DMC Petitioner, v. FINDINGS AND RECOMMENDATIONS W.J. SULLIVAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Instead of a determination of whether his detention is lawful, however, Petitioner challenges the imposition of restitution as a result of his criminal conviction. ECF No. 1 at 5. Pending before the Court is Respondent’s motion to dismiss. ECF No. 9. Respondent contends that the petition is untimely and, alternatively, that Petitioner fails to state a cognizable claim for a habeas relief because he does not challenge his custody. Id. at 3–5. The Court concludes that Petitioner fails to state a cognizable claim for habeas corpus and recommends granting the motion to dismiss. /// /// /// /// I. BACKGROUND A. State Court Proceedings: …