Warden

(HC) Darty v. Warden

Good Law
United States District Court, Eastern District of CaliforniaJanuary 17, 20252:24-cv-02192California648 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KORY DARTY, Case No. 2:24-cv-2192-JDP (P) Petitioner, v. ORDER WARDEN, Respondent. 16 17 Petitioner, a prisoner at Folsom State Prison, brings this action under section 2254. ECF No. 1. However, his claims appear non-cognizable for two reasons. First, he was convicted and sentenced in 2010, more than fourteen years before this action was filed. Thus, it appears untimely. Second, petitioner appears to have already raised the validity of this conviction and received an adverse ruling in this district. For these reasons, I will dismiss the petition with leave to amend, so that petitioner may explain why this action should still proceed. I will also grant his application to proceed in forma pauperis, ECF No. 2. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and…

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