Malik Davis v. United States Court of Appeals for the Ninth Circuit

Good Law
United States District Court, Central District of CaliforniaApril 10, 20242:24-cv-02173California1,030 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

MALIK DAVIS No. 2:24-cv-02173-KK-BFM Petitioner, v. ORDER TO SHOW CAUSE WHY HABEAS PETITION

UNITED STATES COURT OF SHOULD NOT BE DISMISSED

APPEALS,

Respondent. 17 SUMMARY OF ORDER Petitioner Malik Davis filed a habeas petition in federal court arguing that he should be resentenced in state court. Davis’s claim appears to not be cognizable on federal habeas review—meaning, it is not the kind of claim for which the federal courts may grant habeas relief. Federal courts may only grant federal habeas relief if a prisoner is held in violation of the federal Constitution, a federal statute, or treaty. Estelle v. McGuire, 502 U.S. 62, 68 (1991). But Davis’s claim appears to be a matter of state resentencing law, and a court may not grant federal habeas corpus relief for errors of state law. Wilson v. Corcoran, 562 U.S. 1, 5 (2010).…

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