Holm

Background

On April 4, 2021, the Court received and filed Petitioner Donald Keith Cherry’s (“Petitioner”) pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (“Section 2254”) (“Petition”). (Pet., ECF No. 1.) The Petition alleges one ground for federal habeas relief, stating as follows:

Per Penal Code 664, I was supposed to be sentenced to half the sentence guidelines for attempted robbery. So 1 [year], 18 [months], 2 ½ [years] was accurate. I was given time for robbery 2 [years], 3 [years], 5 [years]. Mid term of (3 [years]) doubled to (6 [years]) for past strikes. The deal was illegal in sentence guidelines. I should have (18 [months]) or (3 [years]).

(Id. at 5.1)

On April 19, 2021, the Court issued an Order identifying the following two procedural defects with the Petition: (1) Petitioner’s claim appeared to be unexhausted because Petitioner stated that he had not raised the claim in state court proceedings either on direct appeal or through a habeas corpus petition; and (2) Petitioner had not paid the $5 filing fee or submitted a completed request to

1 Pinpoint citations in this Order refer to the page numbers appearing in the ECF-generated…