Covello

(HC) Glass v. Covello

Good Law
United States District Court, Eastern District of CaliforniaNovember 3, 20222:22-cv-01383California605 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 DANIEL AVERY GLASS, JR., Case No. 2:22-cv-01383-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT THE PETITION BE DISMISSED FOR

v. FAILURE TO STATE A COGNIZABLE

CLAIM

PATRICK COVELLO, ECF Nos. 1 & 10 Respondent. 14 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He argues that the state court erred when it imposed a ten-year sentencing enhancement under state law. ECF No. 1 at 3. I previously screened his petition and found that this claim implicated only state law and was, therefore, non-cognizable on federal habeas review. ECF No. 7. I offered plaintiff an opportunity to amend his complaint and to explain why his claim should proceed. Id. Rather than file a new petition, petitioner has filed a short response arguing that the enhancement violates his federal due process rights. ECF No. 10 at 2. I find this argument unpersuasive and now recommend that the petition…

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