Kennard Lee Davis v. A. J. Malfi

INTRODUCTION

18 On November 25, 2020, Kennard Lee Davis (“Petitioner”), a state prisoner 19 proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in 20 the United States District Court for the Eastern District of California. On December 3, 2020, 21 the case was transferred to this Court. On December 21, 2020, Petitioner filed a first 22 amended petition (“FAP”). 23 In this action, Petitioner is not challenging the validity of his underlying conviction or 24 sentence; those claims are pending in another action before the Court, Kennard Lee Davis 25 26 27 28 v. A.J. Malfi, CV 06-4744-JVS (JEM) (“First Habeas Action”). Rather, Petitioner is asking the Court to “reinstate and/or reappoint [him] back to competency status.” (FAP at 5.)1 The FAP fails to state a cognizable habeas claim and should be dismissed with prejudice for lack of jurisdiction. FIRST HABEAS ACTION On May 9, 2002, in Los Angeles County Superior Court case number NA045302, a jury convicted Petitioner of two counts of assault with a deadly weapon (Cal. Penal Code § 245(a)(1)). The jury found that Petitioner had six…