Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUAH MCCAVITT, No. 2:22-cv-1926 KJM KJN P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS 14 PATRICK COVELLO, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. 19 Petitioner challenges the denial of his motion for resentencing, claiming he is entitled to 20 resentencing under California Penal Code § 1170.95, and seeks the removal of the life term. 21 As discussed below, the petition should be dismissed with prejudice. 22 Preliminary Review 23 Rule 4 of the Rules Governing § 2254 Cases requires the court to make a preliminary 24 review of each petition for writ of habeas corpus. The court must dismiss a petition “[i]f it plainly 25 appears from the petition . . . that the petitioner is not entitled to relief.” Rule 4 of the Rules 26 Governing § 2254 Cases; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir.…