(HC) Martin v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 O.Z. MARTIN, No. 2:21-cv-1967 KJM KJN P Petitioner, v. FINDINGS & RECOMMENDATIONS R.C. JOHNSON, Respondent. 16 I. Introduction Petitioner is a state prisoner, proceeding without counsel, with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his March 4, 2020 disciplinary conviction for battery with a deadly weapon on another inmate. This matter is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons set forth below, this court concludes that the petition should be dismissed for lack of jurisdiction. II. Background Petitioner is serving an indeterminate sentence of 27 years to life for attempted murder, plus 16 years of enhancements, with the possibility of parole. However, in this case petitioner challenges his 2020 prison disciplinary resulting from an assault on February…