Russell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT G. RUSSELL, AK4805, Case No. 18-cv-05527-CRB (PR)

Petitioner,

ORDER DENYING PETITION

v. FOR A WRIT OF HABEAS

CORPUS

RON DAVIS, Warden, Respondent(s).

Petitioner Robert G. Russell, a state prisoner proceeding pro se and currently incarcerated at San Quentin State Prison, seeks a writ of habeas corpus under 28 U.S.C. § 2254 challenging the state courts’ denial of his 2013 and 2018 petitions requesting resentencing pursuant to Proposition 36. For the reasons set forth below, the petition for a writ of habeas corpus will be denied. I. BACKGROUND A. Three Strikes Reform Act – Proposition 36 Under the Three Strikes Law originally enacted in 1994, a defendant convicted of any felony who had two prior convictions for serious or violent felonies was subject to a twenty-five years to life sentence. People v. Conley, 63 Cal. 4th 646, 651 (2016). On November 7, 2012, Proposition 36, also known as the Three Strikes…