Sawyer
Sawyer v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 TIMOTHY SAWYER, Case No.: 21-CV-58 TWR (BLM)
Petitioner,
ORDER:
v. (1) GRANTING IN PART AND DENYING ROBERT BURTON, Warden, et al.,
IN PART RESPONDENT’S MOTION TO
Respondents. DISMISS PETITION FOR WRIT OF HABEAS CORPUS (ECF No. 7); 14 (2) DISMISSING PETITION; AND (3) GRANTING A CERTIFICATE OF
APPEALABILITY
16 Timothy Sawyer (“Petitioner”) is a state prisoner proceeding pro se with a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Petitioner alleges violations of the due process, equal protection, and cruel and unusual punishment clauses of the federal Constitution arising from the state court denial of his petition for recall of his commitment, resentencing/modification of his judgment and dismissal of prior convictions pursuant to Cal. Penal Code §§ 1170(d) and 1016.8 and due to alleged breach of contract. (Id. at 6-7, 21-23.) Respondent has filed a motion to dismiss, asserting the…