Kibler

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES BLALOCK, No. 2:21-CV-0946-WBS-DMC-P Petitioner,

FINDINGS AND RECOMMENDATIONS

v. BRIAN KIBLER, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s unopposed motion to dismiss, ECF No. 18. This action currently proceeds on the original petition, filed on May 25, 2021. See ECF No. 1. Petitioner states that he was convicted following a no contest plea of second-degree murder with enhancements for “1 serious prior” and “1 prison prior.” Id. at 2. For his first claim, Petitioner contends: “The California Department of Corrections and Rehabilitation has CHANGED the penal code classification of a crime without authority to do so, in order to DENY petitioner his MANDATED PAROLE CONSIDERATION RIGHT in the CALIFORNIA CONSTITUTION art. I sec. 32.” Id. at 3. According to Petitioner, his offense was…