Atchley
Mitchell v. Atchley
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CORREY MITCHELL, Case No. 21-cv-06176-JST
Petitioner,
ORDER GRANTING MOTION TO
v. DISMISS; DISMISSING PETITION
FOR A WRIT OF HABEAS CORPUS;
TRENT ALLEN, DENYING CERTIFICATE OF
APPEALABILITY
Respondent. 11 Re: ECF No. 11 12 Petitioner, a state prisoner incarcerated at Salinas Valley State Prison,1 filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, arguing that the California Department of Corrections and Rehabilitation (“CDCR”) has extended his sentence from 205 years to life to a longer sentence of 251 years to life without authority. See generally ECF Nos. 1, 10. Respondent has filed a motion to dismiss. ECF No. 11. Petitioner has filed an opposition, ECF No. 13, and Respondent has filed a reply, ECF No. 15. For the reasons set forth below, the Court GRANTS the motion to dismiss. BACKGROUND I. Petitioner’s Underlying Conviction and Sentence …