Phillips

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOSE LUIS RUBIO, Case No. 1:23-cv-00768-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

v. PETITION FOR WRIT OF HABEAS

CORPUS

BRIAN PHILLIPS,

ORDER DIRECTING CLERK OF COURT

Respondent. TO RANDOMLY ASSIGN DISTRICT

JUDGE

14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. BACKGROUND On October 19, 1990, Petitioner was convicted of murder. On April 5, 1991, Petitioner was sentenced to an imprisonment term of life without the possibility of parole. (ECF No. 1 at 2.)1 In 2019, Petitioner filed a petition for resentencing pursuant to California Criminal Code section 1170.95. The superior court denied the petition, finding that Petitioner failed to state a prima facie case for relief. (Id. at 9–12.) Petitioner appealed, the California Court of Appeal affirmed the denial, and the California…