Burton
(HC) Mims v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE MIMS, No. 2:22-cv-00521-DAD-JDP (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DISMISSING
ROBERT BURTON, AMENDED PETITION FOR FAILURE TO
STATE A COGNIZABLE FEDERAL
Respondent. HABEAS CLAIM (Doc. Nos. 15, 16)
17 Petitioner George Mims proceeds pro se and in forma pauperis with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 12, 2022, the assigned magistrate judge issued findings and recommendations recommending that the amended petition before the court be dismissed for failure to state a cognizable claim for federal habeas relief because the sole claim asserted therein was that the trial court misapplied state sentencing law. (Doc. No. 16 at 1–2.) Those findings and 25 …