Bowen

INTRODUCTION

Petitioner Joevon L. Bowen seeks federal habeas relief from the state court’s denial of his petition for resentencing under California Penal Code § 1170.95. Respondent moves to dismiss the petition for failure to state a cognizable claim. The motion is unopposed; Bowen has not filed any response to the motion. The motion is GRANTED and the petition is DISMISSED because the claim is based on state law and therefore federal habeas relief is unavailable.

BACKGROUND

According to the petition, in 2011 Bowen was convicted in the San Francisco County Superior Court of first degree murder was sentenced to twenty-five years to life in state prison. (Dkt. No. 1; Mot. to Dismiss (MTD), Dkt. No. 12-1 at 20.) In 2019, he petitioned the state court for resentencing under California Penal Code § 1170.95. (Id.) The Superior Court held a hearing and denied the petition after having concluded that petitioner was “a major participant who acted with reckless indifference to human life, and he was thus ineligible for resentencing.” (Id.) The California Court of Appeal affirmed the denial (id.), and the California Supreme Court denied review (id. at 33). Under section…