Davey

(HC) Herrera v. Davey

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20192:19-cv-01453California699 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTO HERRERA, No. 2:19-cv-01453 MCE AC P Petitioner, v. ORDER and D. DAVEY, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner has filed more than ten habeas petitions in this court. The instant petition challenges his September 9, 2010 conviction for battery on a non-inmate and possession of a prison weapon, for which petitioner received a sentence of twenty-five years to life. ECF No. 1 at 1. Petitioner contends that the responding officers failed to…

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