Martinez

(HC) Jackson v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 6, 20212:17-cv-01311California412 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YONNIE JACKSON, No. 2:17-cv-1311 TLN CKD P Petitioner, v. FINDINGS AND RECOMMENDATIONS JOSE MARTINEZ, et al., Respondents. 16 Petitioner is a California prisoner proceeding with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition challenges a San Joaquin County conviction for attempted murder and other offenses and is submitted to the court for decision. On December 9, 2020, petitioner filed a motion seeking immediate release due to what petitioner describes as harmful conditions of confinement arising from Covid-19. Assuming, for the sake of argument, that petitioner has a claim upon which he might be able to proceed under the Eighth Amendment in a 28 U.S.C. § 2254 petition, such a claim has to be raised in a separate habeas petition as the basis for relief is not related in any meaningful way to the claims presented in the petition before the court. See Rule 2(e), Rules Governing Section…

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