Morales

Morales v. Schultz

Good Law
United States District Court, Northern District of CaliforniaApril 10, 20253:24-cv-04438California954 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERICK MORALES, Case No. 24-cv-04438-JSC

Plaintiff,

ORDER DENYING MOTION FOR

v. STAY; OF DISMISSAL

JASON SCHULTZ, Re: Dkt. No. 11 Defendant.

INTRODUCTION Petitioner, a prisoner of the State of California proceeding without representation by an attorney, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. He claims his “petition for resentencing satisfies the prima facie requirements” of California Penal Code Sections 1170.96 and 1172.6. (ECF No. 1 at 5-6.) Because this claim does not allege a violation of federal law, the petition was dismissed for failure to state a claim capable of judicial determination, and Petitioner was given until Aust 30, 2024, to amend his petition. (ECF No. 4 at 2-3 (citing cases).) The deadline to amend was extended three times, to January 18, 2025 (ECF Nos. 6, 8, 10), but Petitioner did not amend his petition. Instead, Petitioner filed a…

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