Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY DEWAYNE POWELL, No. 2:21-cv-02263-DAD-EFB (HC) Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK COVELLO, Warden1 Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this amended petition for a writ of habeas corpus. 28 U.S.C. § 2254. He challenges his convictions for burglary in the Superior Court of Sacramento County, and the sentence he received. ECF No. 27 at 2. Petitioner alleges that his motion to strike a previous felony should have been granted, and that his sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment. Id. at 3-4. For the reasons that follow, the petition must be denied. ///// 24 1 Petitioner named the People of the State of California as respondent. ECF No. 27 at 1. Petitioner is incarcerated at Mule Creek State Prison, and the warden of that facility has been substituted as respondent. 26 2 Petitioner’s original petition (ECF No. 1) was…