Devance Darnell Dean v. Jim Robertson

I. INTRODUCTION

Pending before the Court is a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) filed by Devance Darnell Dean (“Petitioner”), a California state prisoner at Pelican Bay State Prison. [Dkt. No. 1, p. 2]. Petitioner requests that this Court remand his case to the trial court for a hearing pursuant to People v. Franklin, 63 Cal. 4th 261 (2016), so that he can create a record relating to his youth offender status for later youth offender parole hearings. [Id., pp. 5, 11-12]. The Court’s statutorily required review of the Petition reveals that the Petition appears untimely, fails to state a cognizable claim for federal habeas relief, and appears to be wholly unexhausted. In addition, Petitioner has failed to file a complete Request to Proceed In Forma Pauperis or pay the required filing fee.

1 Where necessary, the Court takes judicial notice of the public records. See Fed. R. Evid. 201(b)(2) (“The court may judicially notice a fact that is not subject to reasonable dispute because it . . . can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.”); United States v. Wilson, 631 F.2d 118, 11…