Troy T. Sherman, Jr. v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20252:25-cv-00492California516 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY T. SHERMAN, JR., No. 2:25-CV-0492-DMC-P Petitioner,

ORDER

v. PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s first amended petition, ECF No. 12. Petitioner’s original petition was dismissed for failure to name the correct Respondent. See ECF No. 11. In the first amended petition, Plaintiff has named the proper Respondent, Joshua Prudhel. See ECF No. 12. However, the first amended petition does not comply with Rule 2(c) of the Federal Rules Governing Section 2254 Cases. Allegations which are unsupported by a statement of specific facts do not warrant federal habeas relief. James v. Borg, 24 F.3d 20, 26 (9th Cir. 1994). Moreover, “[f]ederal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face.” McFarland v. Scott,…

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