Rutledge

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 EUGENE DARREL RUTLEDGE, F79385, Case No. 22-cv-05563-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS AND

v. DENYING A CERTIFICATE OF

APPEALABILITY

PATRICK COVELLO, Warden,1 (ECF Nos. 5 & 6) Respondent.

Petitioner, a state prisoner currently incarcerated at Mule Creek State Prison (MCSP), has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging (1) the state courts’ 2022 denial of his motion for modification of a 2007 sentence from Alameda County Superior Court and (2) prison officials’ 2021 refusal to consider recommending to his sentencing court that his sentence be recalled and that he be resentenced. Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 and appointment of counsel under 18 U.S.C. § 3006A(a)(2)(B). BACKGROUND In 2007, petitioner was convicted of multiple counts of second-degree robbery…