Sherman

(HC) Banks v. Sherman

Good Law
United States District Court, Eastern District of CaliforniaMay 4, 20211:20-cv-01225California757 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY BANKS, No. 1:20-cv-01225-DAD-EPG (HC) Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

STU SHERMAN, PETITION FOR WRIT OF HABEAS

CORPUS

Respondent. (Doc. Nos. 11, 19, 22)

17 Petitioner Larry Banks is a state prisoner proceeding pro se and in forma pauperis with a petitioner for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On March 4, 2021, the assigned magistrate judge issued findings and recommendations, recommending that the pending petition for federal habeas relief be dismissed for failure to state a cognizable claim for federal habeas relief. (Doc. No. 22.) Specifically, the magistrate judge concluded that because petitioner is seeking relief under California Senate Bill 14371, an issue

1 On September 30, 2018, then California…

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