Carlin

Carlin v. Wong

Good Law
552 F. Supp. 2d 1023·2008 WL 728891·2008 U.S. Dist. LEXIS 44840
United States District Court, Northern District of CaliforniaMarch 17, 2008C 06-4145 SICalifornia6,886 words

Opinion

Opinion

Illston, J.

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

James Carlin, an inmate at San Quentin State Prison, filed this petition seeking a writ of habeas corpus under 28 U.S.C. § 2254 . This matter is now before the Court for consideration of the merits of the habeas petition. The Court finds that this matter can be resolved without oral argument, and therefore DENIES the request for oral argument and evidentiary hearing. (Docket No. 23). For the reasons discussed below, the Court GRANTS the petition for a writ of habeas corpus. (Docket No. I).

BACKGROUND

On June 10,1980, a gun was stolen from Carlin’s room in the Golden Eagle Hotel in San Francisco, where Carlin had taken up temporary residence. Earlier that morning, Carlin left his room at the hotel to buy a paper and cigarettes. He was approached by Curtis Jackson (“Jackson”) and Robert Evans (“Evans”), whom he did not know. They offered him drugs. Carlin declined but agreed to buy them a small bottle of vodka. The men followed Carlin back to his room. Later, Carlin left and when he returned, he found that the room had been rifled and several items were missing including the gun. Answer Ex. 6 at 2. Carlin called the…

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