(HC) Villarreal v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONZO ANGEL VILLARREAL, No. 2:18-cv-3239-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
THE PEOPLE OF THE STATE OF
CALIFORNIA,
15 Respondent.
17 Petitioner is a state prisoner who, represented by counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed a petition (ECF No. 1) which, for the reasons stated below, does not state a viable federal claim. I. Legal Standards The court must dismiss a habeas petition or portion thereof if the prisoner raises claims that are legally “frivolous or malicious” or fail to state a basis on which habeas relief may be granted. 28 U.S.C. § 1915A(b)(1),(2). The court must dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief[.]” Rule 4, Rules Governing Section 2254 Cases. ///// ///// II. Analysis Petitioner states that he was convicted in 2012…