(HC) Saesee v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROGER SAESEE, No. 2:22-cv-1512 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LYNCH, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. Petition In 2006, petitioner was convicted in Tulare County Superior Court of murder in the first degree, shooting at a dwelling, and permitting another to shoot from a vehicle. ECF No. 1 at 1. He was sentenced to life without parole plus twenty-five years. Id. Petitioner argues that California Penal Code § 3051(h)’s exclusion of youth offenders who received sentences of life without parole (LWOP) is unconstitutional. He requests that LWOP defendants be provided with youth offender parole hearings under § 3051. Id. at 15. II. Discussion Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) requires…