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 I. Introduction Petitioner is a state prisoner, proceeding without counsel. Petitioner challenges the California Board of Parole Hearings (“Board”) decision finding him unsuitable for parole, allegedly resulting in his having served 31 years on a 35 year-to-life sentence, despite the Board setting his base term at 19 years. Petitioner contends such decision resulted in a sentence disproportionate to his crime in violation of the Eighth Amendment. As set forth below, the undersigned recommends that the petition for writ of habeas corpus be denied. II. Background Petitioner was arrested for murder on June 6, 1989. (ECF No. 1 at 18.) Following a jury trial, on April 10, 1991, petitioner was sentenced to a total prison term of 35 years-to-life with the possibility of parole based on his…