(HC) Harris v. Warden Folsom State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EARNEST S. HARRIS, No. 2:21-cv-1749 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

WARDEN FOLSOM STATE PRISON, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. I. Application to Proceed In Forma Pauperis Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. ECF No. 9. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). II. Facts While serving a state prison sentence, petitioner was convicted in the Del Norte County Superior Court of three separate in-prison crimes. ECF No. 1 at 5-6. The first conviction was for attempted murder, which is classified as a violent offense, and the subsequent convictions were for non-violent…