Pando
Pando v. Brown
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).