(PC) Simmons v. Shasta County District Attorney

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARRON THOMAS SIMMONS, No. 2:21-cv-0242 KJM AC P Plaintiff, v. ORDER SHASTA COUNTY DISTRICT ATTORNEY, et al., 15 Defendants. 16 Plaintiff, a country prisoner proceeding pro se, has filed a motion to recall and reduce his sentence under Proposition 47. ECF No. 5. This federal court does not have the authority to grant the requested relief, which is an exclusively state law remedy. Furthermore, to the extent that the motion may be construed as an attempt to convert the complaint into a habeas petition challenging the denial of a motion to recall by the state court, the court declines to do so for the reasons set forth in the February 19, 2021 Findings and Recommendations, ECF No. 6 at 5-6, and because the claim is not cognizable in federal habeas, Estelle v. McGuire, 502 U.S. 62, 67-68 (1991) (“[I]t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.”); Middleton v. Cupp, 768 F.2d 1083,…