(HC)Patton

(HC)Patton v. Wasco State Prison

Good Law
United States District Court, Eastern District of CaliforniaJune 12, 20241:24-cv-00669California1,343 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DERRICK PATTON, Case No. 1:24-cv-00669-SKO (HC)

Petitioner, ORDER DISMISSING PETITION WITH

LEAVE TO FILE AMENDED PETITION

v. [THIRTY DAY DEADLINE] WASCO STATE PRISON, Respondent.

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is currently in the custody of the California Department of Corrections and Rehabilitation (“CDCR”) at Wasco State Prison in Wasco, California. He challenges a prison disciplinary hearing in which he was found guilty of possessing an illegal substance. He claims the evidence was insufficient to support the guilty finding. After conducting a preliminary review of the petition, the Court finds that Petitioner fails to present a prima facie claim for relief and will DISMISS the petition with leave to file an amended petition. I. PRELIMINARY REVIEW OF PETITION Habeas corpus petitions are subject to summary dismissal pursuant to Rule 4 of the Rules Governing Section 2254…

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