(HC)Jackson
Douglas Varnell Jackson, III v. Edward Borla
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
DOUGLAS VARNELL JACKSON, III, ) Case No.: 1:24-cv-0786 JLT CDB ) Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) PETITION, AND DIRECTING THE CLERK OF ) COURT TO CLOSE THE CASE EDWARD BORLA, ) ) (Doc. 7) Respondent. ) )
Douglas Jackson III is a state prisoner proceeding with a petition for writ of habeas corpus filed 28 U.S.C. § 2254. (Doc. 1.) The magistrate judge performed a preliminary review of the petition pursuant to Rule 4 of the Rules Governing § 2254 Cases and found Petitioner fails to state a cognizable federal claim, because he “challenges only the procedures and outcome of his petition for resentencing…, not his underlying 2008 conviction.” (Doc. 7 at 2-3.) The magistrate judge found that leave to amend the petition would be futile, because Petitioner was previously denied habeas relief related to his conviction, and amendment “would result in an improper…