(HC) Wilhelm v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20211:20-cv-01659California576 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVE WILHELM, No. 1:20-cv-01659-NONE-EPG (HC) Petitioner, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

v. § 2254 PETITION PEOPLE OF THE STATE OF (Doc. Nos. 1, 8)

CALIFORNIA,

15 Respondent. 16 Petitioner Steve Wilhelm, a state prisoner, is bringing this petition for writ of habeas corpus pro se pursuant to 28 U.S.C. § 2254 challenging the California Board of Parole Hearings decision to deny him parole. (Doc. No. 1 ¶ 12.) Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, the instant federal habeas petition was referred to a United States Magistrate Judge. Following Rule 4 of the Rules Governing § 2254 Cases, the assigned magistrate judge screened the instant habeas petition and found that petitioner’s claim challenging the denial of his release on parole to not fall within “the core of habeas corpus.” (Doc. No. 8 at 2–3) (citing Nettles v. Grounds, 830 F.3d 922, 927 (9th Cir. 2016)). The magistrate…

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