Diaz

(HC) Peterson v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaApril 2, 20202:19-cv-01480California1,410 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ANTHONY PETERSON, No. 2:19-cv-01480 WBS GGH P Petitioner, v. ORDER1 RALPH DIAZ, Respondent. 16 17 Petitioner is a state prisoner proceeding in pro se on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 25, 2020, petitioner filed an “Emergency Request for Interim Release Order Under U.S. Const. 8th Amendment.” ECF No. 26. Petitioner requests emergency release from prison due to the current coronavirus (“COVID-19”) pandemic. In light of being a high health risk individual to COVID-19, as a cancer patient with a compromised immune system and having reached 68 years of age, petitioner asserts his health is in “imminent threat” which “represents an unconstitutional change in terms of [his] sentence.” Id. at 1. Petitioner states that “[a]ccording to news reports, two employees of the prison have tested positive for the coronavirus and four inmates are in isolation.” Id. Petitioner argues 27 1 The…

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