Covello

(HC) Gosztyla v. Covello

Good Law
United States District Court, Eastern District of CaliforniaMay 30, 20252:25-cv-01352California785 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:25-cv-1352 AC P Petitioner, v. ORDER P. COVELLO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Although the petition provides information regarding plaintiff’s conviction in the Sacramento County Superior Court, it clearly challenges a disciplinary conviction. ECF No. 1. However, even though petitioner lost good time credits, because he indicates that he is serving an indeterminate sentence (id. at 2), and there is no indication that he has been found suitable for parole, it appears that the court lacks habeas jurisdiction. …

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