(HC) Haynes v. Johnson

Good Law
United States District Court, Eastern District of CaliforniaAugust 30, 20242:24-cv-00581California630 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LELAND HAYNES, Case No. 2:24-cv-00581-KJM-JDP (HC) Petitioner, ORDER v. DENYING PETITIONER’S MOTION FOR

RECONSIDERATION AND DIRECTING

TRACY JOHNSON, PETITIONER TO FILE AN AMENDED

COMPLAINT WITHIN THIRTY DAYS

Respondent. ECF No. 6 16 17 On July 18, 2024, I found that the initial petition failed to state a cognizable claim and gave petitioner leave to amend within thirty days. ECF No. 5. Specifically, I found that petitioner’s claim that he was wrongfully denied parole failed to present a federal habeas claim. Id. at 1-2. Rather than filing an amended petition, however, petitioner filed a motion for reconsideration, ECF No. 6, arguing that my legal analysis is incorrect and that his petition does, in fact, state a claim. For the reasons stated hereafter, I disagree and grant petitioner an additional thirty days to file an amended petition. In my screening order, I noted that, with respect to a…

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