(HC) Ryan Charles Matlock v. B. Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RYAN CHARLES MATLOCK, No. 2:21-cv-00271 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

B. KIBLER, Warden, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Nevertheless, the undersigned will recommend summary dismissal of the pending petition based on a failure to raise a federal cognizable claim. Petitioner was convicted and sentenced in San Joaquin County Superior Court for voluntary manslaughter (Cal. Pen. Code § 192(a)), a firearm enhancement (Cal. Pen. Code § 12022.5), first-degree residential burglary (Cal. Pen. Code § 459) and child endangerment (Cal. Pen. Code § 273a). ECF No. 1 at 1. Petitioner alleges in his habeas petition he is entitled to resentencing of his…