(HC) Hicks v. Board of Parole Hearings
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL J. HICKS, No. 2:22-CV-1910-DJC-DMC-P Petitioner,
FINDINGS AND RECOMMENDATIONS
v. BOARD OF PAROLE HEARINGS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 19. Petitioner has filed an opposition, ECF No. 20. 20 I. BACKGROUND Petitioner states in his petition that he was convicted in the Alameda County Superior Court for rape, oral copulation, and kidnapping, and sentenced to a determine term of 35 years in prison. See ECF No. 1, pg. 1. Petitioner was later convicted in the San Bernardino County Superior Court for inmate possession of a weapon as a third strike and sentenced to an indeterminate sentence of 25 years to life, such sentence to commence in 2024. See id. at 2-3. Petitioner states that, due to his age and the number of…