Malik Davis v. United States Court of Appeals for the Ninth Circuit
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 WESTERN DIVISION
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12 MALIK DAVIS No. 2:24-cv-02173-KK-BFM 13 Petitioner, v. ORDER TO SHOW CAUSE 14 WHY HABEAS PETITION
UNITED STATES COURT OF SHOULD NOT BE DISMISSED
15 APPEALS,
16 Respondent. 17 18 SUMMARY OF ORDER 19 Petitioner Malik Davis filed a habeas petition in federal court arguing 20 that he should be resentenced in state court. Davis’s claim appears to not be 21 cognizable on federal habeas review—meaning, it is not the kind of claim for 22 which the federal courts may grant habeas relief. Federal courts may only grant 23 federal habeas relief if a prisoner is held in violation of the federal Constitution, 24 a federal statute, or treaty. Estelle v. McGuire, 502 U.S. 62, 68 (1991). But 25 Davis’s claim appears to be a matter of state resentencing law, and a court may 26 not grant federal habeas corpus relief for errors of state law. Wilson v. Corcoran, 27 562 U.S. 1, 5 (2010).…