Cisneros
(HC) Reyes v. Cisneros
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSBALDO REYES, No. 1:22-cv-01490-SKO (HC) 12 Petitioner, ORDER DISMISSING PETITION WITH
LEAVE TO FILE FIRST AMENDED
13 v. PETITION 14 THERESA CISNEROS, [THIRTY DAY DEADLINE] 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on November 19 18, 2022. The petition does not challenge the underlying conviction; rather, it challenges 20 Petitioner’s gang validation by the California Department of Corrections and Rehabilitation 21 (“CDCR”). For reasons that follow, the Court finds it lacks habeas jurisdiction to consider the 22 claims. However, Petitioner will be granted leave to file an amended petition to present a 23 cognizable claim. 24 DISCUSSION 25 A. Preliminary Review of Petition 26 Rule 4 of the Rules Governing Section 2254 Cases allows a district…