(HC)Johnson

(HC)Johnson v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20202:20-cv-01891California1,242 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 PAUL SAMUEL JOHNSON, No. 2:20-cv-1891 KJM AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

CDCR, Respondent. 15 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. ECF Nos. 2, 5. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner seeks early release from custody on the ground that his conditions of confinement violate the Eighth Amendment’s prohibition against cruel and unusual punishment. ECF No. 1. He generally asserts that it is a violation of his rights to keep him in custody during the COVID-19 pandemic because the California Department of Corrections and Rehabilitation (CDCR) has failed to take…

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