Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 GEORGE MIMS, Case No. 2:22-cv-00521-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE AMENDED PETITION BE

v. DISMISSED FOR FAILURE TO STATE A

COGNIZABLE CLAIM

ROBERT BURTON ECF No. 15 Respondent. 14 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He argues that the trial court erred under California state law when it used a 1986 conviction for assault with a deadly weapon to enhance his sentence under the Three Strikes Law. ECF No. 15 at 4. This claim implicates only state sentencing laws and should be dismissed. The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery,…