Jose Morales v. Robert Burton
Opinion
Trial Court Opinion
I.
INTRODUCTION
On May 15, 2022, Petitioner Jose Morales (“Petitioner”), proceeding pro se, constructively filed1 the instant Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition”) under 28 U.S.C. § 2254 challenging the California Board of Parole Hearings’ (“Board”) June 17, 2020, decision that Petitioner was unsuitable for parole. ECF Docket No. (“Dkt.”) 1 at 7.
The Court has screened the Petition pursuant to Habeas Rule 4. This preliminary review revealed defects in the Petition that warrant dismissal. Accordingly, Petitioner is ORDERED to file a supplemental statement addressing these problems before the Court will require a response from Respondent.
II.
BACKGROUND
In 1982, Petitioner pled nolo contendere to one count of second-degree murder and was sentenced to an imprisonment term of fifteen (15) years to life. Dkt. 1 at 2; see also California Dep’t of Corr. v. Morales, 514 U.S. 499, 502 (1995).
Since 1985, Petitioner has brought at least eighteen (18) unsuccessful collateral attacks on the judgment in California state court. California Court of Appeal Case Number B308788, Appellate Courts Case Information,…