Cates

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:19-cv-1967 KJM AC P Petitioner, v. ORDER M. SPEARMAN,1 Respondent. 16 Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff has notified the court that on January 11, 2021, in In re Haynie, No. 20HC00751, the Sacramento County Superior Court determined that petitioner had made a prima facie case for relief on grounds that he was unlawfully sentenced. Plaintiff alleged and provided documentary support for his allegation that the sentencing court had never held a trial on petitioner’s California Penal Code § 667(a) strike priors and never formally found them to be true. See ECF No. 33 at 7.

The court notes for the record that petitioner is currently housed at…