Covello
Joseph D. Spillers v. Patrick Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH D. SPILLERS, No. 2:24-cv-1865 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS PATRICK 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. The operative petition is the second amended petition filed October 2, 2024. In the second amended petition, petitioner claims he is entitled to more good conduct sentence credit that has been applied to his sentence. Respondent asserts the second amended petition should be dismissed. An application for a writ of habeas corpus by a person in custody under a judgment of a state court can be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. § 2254(a). A federal writ of habeas corpus is not available for alleged error in the interpretation or application of state law. See Wilson v. Corcoran, 562 U.S. 1, 5 (2010); Estelle v. 26 …