United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS
M. COTA UNITED STATES MAGISTRATE JUDGE
a state prisoner proceeding pro se, brings this petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Pending before the court is respondent's motion to
dismiss (ECF No. 14). Also before the court is
petitioner's motion for resentencing (ECF No. 11).
State Court Proceedings
was convicted on August 2, 2012, in the Sacramento County
Superior Court and sentenced on September 14, 2012, to a term
of 18 years in state prison. See ECF No. 1, pg. 2.
The California Court of Appeal affirmed the conviction and
sentence on November 20, 2015. See id. at 9. The
California Supreme Court declined direct review on January
29, 2016. See id. Petitioner filed a single state
post-conviction action in the Sacramento County Superior
Court on September 24, 2018, see ECF No. 15-5, which
was denied on November 29, 2018, see ECF No. 15-6.
Citing Alexander v. Louisiana, 405 U.S. 625, 633
(1972), the state court rejected petitioner's claim that
his conviction was void because the lack of a grand jury
indictment deprived the trial court of jurisdiction.
See ECF No. 15-6. The court concluded the grand jury
indictment requirement does not apply to the states. See
Prior Federal Habeas Corpus Action
filed a prior habeas corpus action in this court challenging
the same conviction and sentence, Batton v. Paramo,
E. Dist. Cal. No. 16-CV-0762-JKS (Batton I). See
id. at 10. In Batton I, petitioner argued: (1)
the trial court abused its discretion and violated his Fifth
Amendment rights against self-incrimination by overruling his
objection to the prosecutor's cross-examination and by
allowing collateral rebuttal testimony; (2) the trial court
abused its discretion and deprived him of due process and a
fair trial by admitting his two prior convictions for
residential burglary; (3) the prosecutor committed misconduct
by asking questions and making arguments that went to
propensity and bad character; and (4) the cumulative effect
of the various errors warrants reversal. See ECF No.
28 in Batton I. The petition was denied on the
merits on March 8, 2018. See id. Petitioner did not
Current Federal Habeas Corpus Action
filed the instant action on January 2, 2019, also challenging
the 2012 conviction and sentence. See ECF No. 1.
Petitioner raises two grounds for relief:
1 The Municipal Metropolitan Corporation and its agents,
without subject matter jurisdiction, applied its colorable,
statutes, laws, and codes to fraudulently operate upon
petitioner, in violation of the United States Constitution,
Articles IV and VI and United States Constitution, Amendments
5th and 14th by holding petitioner
against his will and without his consent, to answer for a
capital or otherwise infamous crime without a presentment or
indictment handed down by a grand jury.
2 Petitioner is unlawfully suffering involuntary
servitude/slavery without having been duly convicted on
charges brought on a presentment or indictment handed down by
a grand jury, in violation of petitioner's privileges and
immunities and rights guarantee by the United States
Constitution secured by the IV and VI articles and
5th, 13thand 14th
at 3, 8.
asserts these grounds for relief were “not raised by
counsel on appeal due to ineffectiveness. . . .”
Id. at 9.