(HC) Hatchett v. Clark

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CECIL JEROME HATCHETT, No. 2:23-CV-2845-DAD-DMC-P 12 Petitioner,

ORDER

13 v. and 14 KEN CLARK,

FINDINGS AND RECOMMENDATIONS

15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to 19 dismiss, ECF No. 9. Petitioner has not filed an opposition. 20 21 I. BACKGROUND 22 Petitioner was convicted in the Sacramento County Superior Court in 1992 and is 23 now challenging the 1992 sentence on the basis that it was enhanced by an unconstitutional 24 conviction. See ECF No. 1. Taking judicial notice of the Court files in the prior cases, see 25 Chandler v. U.S., 378 F.2d 906, 909 (9th Cir. 1967), this Court observes Petitioner has filed 26 previous federal habeas actions challenging this sentence.1 See ECF No. 9, pg. 2. However, 27 Petitioner was discharged from the sentence he received in his 1992 conviction…