Lizarraqa

(HC) Vigil v. Lizarraqa

Good Law
United States District Court, Eastern District of CaliforniaApril 13, 20212:20-cv-01048California1,449 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE PAUL VIGIL, No. 2:20-CV-1048-WBS-DMC-P Petitioner, v. ORDER JOE LIZARRAGA, Respondent. 16 Petitioner, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Respondent’s motion to dismiss, ECF No. 28. This action proceeds on the original petition. See ECF No. 1. Petitioner states that he is serving an indeterminate life sentence based on a March 10, 1998, conviction. See id. at 1. Petitioner asserts two claims for relief as follows:

Ground One Fifth and Fourteenth Amendment constitutional rights to due process were violated by CDCR [California Department of Corrections and Rehabilitation] and state courts denying Petitioner a Proposition 57 parole release because Petitioner is entitled to immediate parole release from Mule Creek State Prison under Proposition 57 applies…

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