(HC) Rouser v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaDecember 14, 20202:20-cv-02018California646 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM ROUSER, No. 2:20-cv-2018 WBS CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS JEFF LYNCH, Respondent. 16 Petitioner is a state prisoner proceeding pro se. On November 6, 2020, the court dismissed petitioner’s amended petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, with leave to file a second amended petition. Petitioner has now filed a second amended petition. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must review all petitions for writ of habeas corpus and summarily dismiss any petition if it is plain that the petitioner is not entitled to relief. Petitioner challenges the result of prisoner disciplinary proceedings and argues that if the findings at issue are expunged, he is more likely to be paroled. Petitioner does not claim that sentence credit will be restored if the findings are overturned. The court has jurisdiction to hear a…

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