Matteson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, No. 2:20-cv-1003 KJM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS WARDEN G. MATTESON, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel. On December 9, 2020, the petition filed in 2:20-cv-2315 EFB was filed in this action and construed as petitioner’s motion to amend the instant petition. As set forth below, the undersigned recommends that the motion to amend be denied. I. Background In Los Angeles County in 1991, petitioner was sentenced to 35 years to life with the possibility of parole based on his conviction of second degree murder (15 years to life) with enhancements (20 years) as an adult. (ECF No. 18 at 11.) On December 5, 2019, at an elderly

To the extent the proposed amended petition also challenges petitioner’s 1991 conviction or 26 sentence in the Los Angeles County Superior Court, Case No. A714077, such challenge was adjudicated in Stephen v.…