Peasley

INTRODUCTION

13 Petitioner, a prisoner of the State of California proceeding without an attorney, filed a 14 petition using the Court’s form for petitions for a writ of habeas corpus under 28 U.S.C. § 2254 15 challenging his conviction and sentence. (ECF. No. 12.) He also seeks a “writ of mandate to the 16 Superior Court, Santa Cruz County, to hear this petition in full.” (ECF No. 11 at 16.) Because the 17 habeas petition states grounds for federal habeas relief that are capable of judicial review and 18 determination, a response from Respondent is warranted. For the reasons discussed below, the 19 motion for a writ of mandate is DENIED. Petitioner is GRANTED leave to proceed in forma 20 pauperis.

BACKGROUND

22 In 2009, Petitioner pled guilty to six counts of rape and concealment in Santa Cruz County 23 Superior Court. (ECF No. 12 at 3.) The trial court sentenced him to terms of twenty and twenty- 24 one years in state prison. (Id.) The California Court of Appeal affirmed the judgment on direct 25 appeal in 2012. (Id. at 4.) Petitioner did not seek further review on direct appeal. (Id. at 4-5.) In 26 2022 and 2023, Petitioner filed unsuccessful habeas petitions…