CDCR

(HC) Allen v. CDCR

Good Law
United States District Court, Eastern District of CaliforniaJanuary 12, 20212:20-cv-00997California12,454 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 AL HENRY ALLEN, No. 2:20-cv-00997 KJM GGH P 12 Petitioner, 13 v. FINDINGS AND RECOMMENDATIONS

CDCR,

15 Respondent.

17 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. § 636(b)(1) and Local Rule 302(c). The tragic setting for this gang inspired slaying was well put by Presiding Justice Raye of the Third District Court of Appeal, and is worth repeating here: The criminal law has special rules for teenagers who are gang members and even for their friends who hang with them. Sadly, gang culture and guns is a deadly combination often claiming young lives and, as here, the lives of those who are not gang members. There is no evidence that defendants Al Henry Allen, Brandon Marcel Washington, or Jahmal Vance Dawson went to a high school…

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