Opinions and documents
1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11 LISA PEREZ, formerly known as LISA No. 2:25-cv-2702 CSK P
BELYEW,
12
Petitioner,
13 ORDER AND FINDINGS &
v. RECOMMENDATIONS
14
LAVELLE PARKER, Warden,
15
Respondent.
16
17
18 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus
19 pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.
20 Examination of the in forma pauperis application reveals that petitioner is unable to afford
21 the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. See
22 28 U.S.C. § 1915(a).
23 As set forth below, it is recommended that this case be summarily dismissed.
24 I. THE PETITION
25 Petitioner challenges her October 2018 conviction in the Butte County Superior Court,
26 Case No. C-091761. (ECF No. 1.) Petitioner claims she is being denied the mental health credits
27 she alleges she is entitled to under new legislation, citing California SB 317 and California Penal
28 Code § 4019. (ECF No. 1 at 5-6, 16.)
1 II. GOVERNING STANDARDS
2 Under Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 Cases,
3 the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if
4 it is plain that the petitioner is not entitled to relief. Federal courts retain broad powers to control
5 their dockets and to “prevent duplicative or unnecessary litigation.” Slack v. McDaniel, 529 U.S.
6 473, 478 (2000).
7 III. DISCUSSION
8 The instant petition should be summarily dismissed for the following reasons. First, the
9 present application is second or successive as it challenges the same state court judgment
10 challenged in an earlier petition. See 28 U.S.C. § 2244(b); see also Magwood v. Peterson, 561
11 U.S. 320, 332 (2010). Where a petitioner’s claims are second or successive, the petitioner must
12 obtain leave from the Ninth Circuit before filing a petition. See Magwood, 561 U.S. at 331; see
13 also Burton v. Stewart, 549 U.S. 147, 157 (2007). Court records confirm that petitioner
14 previously sought habeas relief challenging her 2018 conviction in Perez v. Pallares, No. 2:19-cv-
15 0294 DAD AC (E.D. Cal.), which was denied on September 10, 2025.1 Because the petition is
16 second or successive, it should be dismissed without prejudice.
17 Second, petitioner’s claim also fails on the merits, for the same reasons her similar claims
18 regarding sentencing credits were dismissed in her subsequently-filed habeas petition:
19 Errors of state law do not come within the scope of federal habeas
jurisdiction, Estelle v. McGuire, 502 U.S. [62, 67 (1991)], and
20 sentencing is a quintessentially state law matter that is not reviewable
in federal habeas. See Miller v. Vasquez, 868 F.2d 1116, 1118-19
21 (9th Cir. 1989) (question of state sentencing law are not cognizable
in federal habeas). Petitioner cannot transform her state law issues
22 into federal ones merely by invoking the federal constitution. See
Langford [v. Day, 110 F.3d 1380 (9th Cir. 1997)].
23
Perez v. Parker, No. 2:24-cv-3285 DJC SCR, 2025 WL 2961909, at *1 (E.D. Cal. Oct. 20, 2025)
24
(citing 2:19-cv-0294 ECF No. 77 at 38). Thus, even if the petitioner is not second or successive,
25
26
1 A court may take judicial notice of court records. See, e.g., Bennett v. Medtronic, Inc., 285
27 F.3d 801, 803 n.2 (9th Cir. 2002) (“[W]e may take notice of proceedings in other courts, both
within and without the federal judicial system, if those proceedings have a direct relation to
28 matters at issue”) (internal quotation omitted).
1 | her petition should be summarily dismissed.
2 | IV. CONCLUSION
3 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court
4 || shall (1) assign a district judge to this case; (2) the Clerk is directed to serve a copy of the petition
5 || filed in this case together with a copy of these findings and recommendations on the Attorney
6 || General of the State of California.
7 Further, IT IS RECOMMENDED that petitioner’s application for a writ of habeas corpus
8 || be dismissed, and the Clerk of the Court be directed to close this case.
9 These findings and recommendations are submitted to the United States District Judge
10 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days
11 | after being served with these findings and recommendations, petitioner may file written
12 || objections with the court. Such a document should be captioned “Objections to Magistrate
13 || Judge’s Findings and Recommendations.” In the objections petitioner may address whether a
14 | certificate of appealability should issue in the event she files an appeal of the judgment in this
15 || case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district court must issue or
16 || deny a certificate of appealability when it enters a final order adverse to the applicant). A
17 || certificate of appealability may issue under 28 U.S.C. § 2253 “only if the applicant has made a
18 || substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(3). Petitioner is
19 || advised that failure to file objections within the specified time may waive the right to appeal the
20 | District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991).
21
Dated: March 9, 2026 5 4
Cin Spo
23 CHI SOO KIM
24 /tipere2702.156.summ UNITED STATES MAGISTRATE JUDGE
25
26
27
28
Not legal advice. These patterns come from public court records, not ratings of judges as people. They may reflect the types of cases a judge handles, local procedures or other factors, and they do not account for the facts of any individual case. Past patterns do not predict future rulings. Records can be incomplete, months behind current activity, or matched to the wrong person; sealed and confidential cases are not included. Use this as one piece of information, never the sole basis for legal strategy or a recusal motion. Full disclaimer: https://judgefinder.io/legal/disclaimer Read the full disclaimer.