(HC) Hatchett v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CECIL JEROME HATCHETT, No. 2:20-cv-02044 KJM GGH P Petitioner, v. FINDINGS & RECOMMENDATIONS KEN CLARK, Respondent. 16 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a first amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 5. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 626(b)(1) and Local Rule 302(c). Pending before the court is respondent’s motion to dismiss petitioner’s habeas petition for lack of jurisdiction. ECF No. 11. Petitioner has filed an opposition, and respondent a reply. ECF Nos. 16, 17. Petitioner has also filed an unauthorized sur-reply.1 ECF No. 19. After careful reviewing the filings and applicable legal standards, the undersigned now issues the following findings and recommendations. //// 27 1 Although petitioner failed to seek authorization from the court prior to filing his sur- reply, in…