(HC) Villalpando v. People of the State of CA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MACARIO VILLALPANDO, No. 2:25-cv-1437 CSK P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16 17 Petitioner, a state prisoner, proceeds pro se with a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. Rule 4 of the Rules Governing Section 2254 Cases in the United 19 States District Courts requires the district court to dismiss a habeas petition “[i]f it plainly appears 20 from the petition and any attached exhibits that the petitioner is not entitled to relief in the district 21 court.” Rule 4, 28 U.S.C. foll. § 2254. As discussed below, the Court discharges the June 17, 22 2025 order to show cause, and recommends that this action be dismissed for failure to state a 23 cognizable federal habeas claim. 24 I. BACKGROUND 25 On April 19, 2018, a jury convicted petitioner of second degree murder. (ECF No. 2 at 26 31.) According to the Sacramento County Superior Court, petitioner is…