Davis

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

10 KELLY BEAU DAVIS, Case No.: 22cv0951-LL-MDD

Petitioner, REPORT AND RECOMMENDATION v. GRANTING RESPONDENT’S MOTION

TO DISMISS PETITIONER’S WRIT OF

RAYMOND MADDEN, Warden, HABEAS CORPUS Respondent. 15 [ECF NO. 7] 16 I. INTRODUCTION This habeas petition concerns a sentence modification credit of eight months that occurred 17 years after Petitioner Kelly Beau Davis (“Petitioner” or “Davis”), a state prisoner, was sentenced to an aggregate term of 37 years and four months. Petitioner’s sentencing took place on the ominous date and time of September 11, 2001 at 8:30 a.m. The terrorist attack interrupted the hearing, and the courthouse was evacuated. Later that day, a minute order entered reflecting the sentencing details, and the government lodged the Petitioner’s sentence in state court. In 2018, the California Department of Corrections (“CDCR”) discovered a mistake that resulted in an…