(HC)Bell

(HC)Bell v. Pollard

Good Law
United States District Court, Eastern District of CaliforniaAugust 8, 20241:23-cv-01564California676 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAJUAN BELL, No. 1:23-cv-01564-JLT-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. PETITION FOR WRIT OF HABEAS

CORPUS, DIRECTING CLERK OF COURT

MARCUS POLLARD, TO CLOSE CASE, AND DECLINING TO

ISSUE CERTIFICATE OF APPEALABILITY

Respondent. (Doc. 15)

17 JaJuan Bell is a state prisoner proceeding pro se with a petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254, asserting the trial court erred in granting a motion to strike his plea. (Doc. 1.) The magistrate judge found “the state court’s denial of Petitioner’s claim challenging the striking of the jeopardy plea was not contrary to, or an unreasonable application of, clearly established federal law, nor was it based on an unreasonable determination of fact.” (Doc. 15 at 32.) In addition, the magistrate judge found the state’s “decision was not ‘so lacking in justification that there was an error…

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