Lozano

(HC) Young v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20202:19-cv-01554California2,183 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HOWARD YOUNG, No. 2:19-cv-01554 MCE GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JARED LOZANO, Warden, Respondent.

Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 626(b)(1) and Local Rule 302(c). Petitioner brings claims that he was denied due process during a “parole suitability” hearing. Respondent moves to dismiss the petition on the following two grounds: 1) the court lacks habeas corpus jurisdiction pursuant to Nettles v. Grounds, 830 F.3d 922 (9th Cir. 2016) (en banc); and 2) the petition fails to state a cognizable federal claim. ECF No. 20. Respondent attempts to expand Nettles past its breaking point, and the motion based on lack of jurisdiction should be denied. Because it is unclear…

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