Spearman
(HC) Clyde v. Spearman
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY SCOTT CLYDE, No. 2:19-CV-02070-MCE-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS MARION E. SPEARMAN, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court are Petitioner’s petition for a writ of habeas corpus, ECF No. 18, and Respondent’s answer, ECF No. 21. Petitioner has not filed a traverse. Respondent has lodged the state court record, ECF Nos. 13 & 20. Petitioner asserts one claim: that he should be re-sentenced in light of California Senate Bill 1319. ECF No. 18. The most recent reasoned decision on the matter is from the State Superior Court. ECF No. 13-15 & 13-17. Having reviewed the petition and the record, the undersigned recommends that Petitioner’s petition should be denied. / / / / / / 28 I. BACKGROUND A jury…