(HC) Roberson v. People of the State of CA

Good Law
United States District Court, Eastern District of CaliforniaJanuary 24, 20232:22-cv-01557California579 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLON ROBERSON, Case No. 2:22-cv-01557-JDP (HC) Petitioner, ORDER THAT THE CLERK OF COURT

ASSIGN A DISTRICT JUDGE TO THIS

v. ACTION PEOPLE OF THE STATE OF FINDINGS AND RECOMMENDATIONS

CALIFORNIA & S. PEERY, THAT THE FIRST AMENDED PETITION BE

DISMISSED FOR FAILURE TO STATE A Respondents. COGNIZABLE CLAIM 16 ECF No. 8 17 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. I reviewed the initial petition, ECF No. 1, and found that it did not state a claim. ECF No. 7. I gave petitioner leave to amend, and he has done so. ECF No. 8. The amended petition, like its predecessor, also fails to state a claim. Accordingly, I recommend that it be dismissed. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding…

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