Matteson

(HC) Johnson v. Matteson

Good Law
United States District Court, Eastern District of CaliforniaAugust 28, 20232:23-cv-00971California1,063 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 GERALD R. JOHNSON, No. 2:23-cv-00971-DJC-EFB (HC) Petitioner, v. ORDER G. MATTESON, Warden, Respondents. 15 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He was convicted of second degree murder and sentenced to a term of fifteen years to life with the possibility of parole. ECF No. 1 at 2, 9. He claims that the May 25, 2022, denial of parole by the Board of Parole Hearings deprived him of due process and unconstitutionally extended his term of confinement. Id. at 5-6. Under Rule 4 of the Rules Governing Section 2254 Cases, the court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. The court must summarily dismiss a petition if it “plainly appears . . . that the petitioner is not entitled to /////

1 On July 5, 2023, the undesigned recommended that this action be dismissed because 26…

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