Pando

Pando v. Brown

Good Law
87 F. Supp. 3d 963·2015 WL 1522194·2015 U.S. Dist. LEXIS 44926
United States District Court, Northern District of CaliforniaApril 3, 2015No. C 14-01076 EJD (PR)California1,513 words

Opinion

Lead Opinion

Davila, J.

ORDER REOPENING ACTION; DENYING PETITION FOR WRIT OF HABEAS CORPUS; AND DENYING CERTIFICATE OF APPEAL-BILITY

Petitioner, a state prisoner incarcerated at Salinas Valley State Prison, has filed a pro se petition for a writ of habeas corpus. On April 22, 2014, the Court dismissed the instant action for failure to pay the filing fee. (Docket No. 3.) On December 4, 2014, the Court granted Petitioner’s motion for reconsideration and directed Petitioner to either file an in forma pauperis application or pay the filing fee. (Docket No. 7.) According to the docket, the filing fee was filed received on January 6, 2015. The Clerk is therefore ordered to vacate the April 22, 2014 Order of Dismissal and Judgment (Docket Nos. 3 and 4), and reopen this case.

However, after reviewing the petition, for the reasons stated below, the court DENIES the Petition for a Writ of Habe-as Corpus.

DISCUSSION

This court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is *964 in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254 (a).

Rule 4 of the…

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