(HC) Hatchett v. Clark
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CECIL JEROME HATCHETT, No. 2:23-CV-2845-DAD-DMC-P Petitioner,
ORDER
v. and KEN CLARK,
FINDINGS AND RECOMMENDATIONS
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. 9. Petitioner has not filed an opposition. 20 I. BACKGROUND Petitioner was convicted in the Sacramento County Superior Court in 1992 and is now challenging the 1992 sentence on the basis that it was enhanced by an unconstitutional conviction. See ECF No. 1. Taking judicial notice of the Court files in the prior cases, see Chandler v. U.S., 378 F.2d 906, 909 (9th Cir. 1967), this Court observes Petitioner has filed previous federal habeas actions challenging this sentence. See ECF No. 9, pg. 2. However, Petitioner was discharged from the sentence he received in his 1992 conviction…