(HC) Solomon v. United States District Court

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20212:21-cv-00718California835 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY SOLOMON, Case No. 2:21-cv-00718-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION

DOES NOT STATE A COGNIZABLE CLAIM

v. AND GIVING LEAVE TO AMEND WITHIN

SIXTY DAYS

UNITED STATES DISTRICT COURT, ECF No. 8 Respondent. 16 Timothy Solomon, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. His initial petition argued only that he was entitled to sentencing relief under California Senate Bill No. 136. ECF No. 1 at 3,7. I screened that petition and advised him that the claim was non-cognizable because it implicated only questions of state law. See Estelle v. McGuire, 502 U.S. 62, 68 (1991) (“In conducting habeas review, a federal court is limited to deciding whether a conviction violated the Constitution, laws, or treaties of the United States.”). I did not recommend dismissal after the first screening order, however, and gave petitioner a chance to file an…

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