Allison

(HC) McCurry v. Allison

Good Law
United States District Court, Eastern District of CaliforniaMarch 7, 20231:22-cv-01398California8,712 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT ALLEN MCCURRY, No. 1:22-cv-01398-ADA-SKO (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DENY PETITION FOR WRIT OF

v. HABEAS CORPUS KATHLEEN ALLISON, CDCR Secretary, [THIRTY DAY OBJECTION DEADLINE] Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 31, 2022, Petitioner filed the instant habeas petition challenging Stanislaus County Superior Court convictions of torture, corporal injury to a cohabitant, assault, and battery. As discussed below, the Court finds the claims to be without merit and recommends the petition be DENIED. I. PROCEDURAL HISTORY On August 25, 2017, Petitioner was convicted by jury trial in the Stanislaus County Superior Court of two felonies: torture in…

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