Lozano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARLOS TOMAS GARCIA, No. 2:22-cv-0629 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JARED LOZANO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and paid the filing fee. I. Petition In 1984, petitioner was convicted of second-degree murder and sentenced to twenty-two years to life imprisonment. ECF No. 1 at 1-2. He now challenges the October 27, 2021 decision by the Board of Parole Hearings (BPH) denying him parole. Id. at 5-8; ECF No. 1-1. Petitioner asserts that his due process rights were violated when the BPH denied parole for three years when there was nothing in the record to support the finding that petitioner remained a threat to public safety and when it denied his request for elderly parole. ECF No. 1 at 5-6; ECF No. 1-1 at 3, 5-7, 13, 16. He also alleges that the denial of parole rendered…