(HC) Jenkins v. People of the State of California

Good Law
United States District Court, Eastern District of CaliforniaJanuary 8, 20241:23-cv-01590California772 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALONZO JENKINS, Case No. 1:23-cv-01590-NODJ-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS PEOPLE OF THE STATE OF

CALIFORNIA,

14 Respondent. 15 16 Petitioner Alonzo Jenkins is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. As the Court does not have jurisdiction over a § 2254 petition challenging only a restitution order, the undersigned recommends dismissal of the petition. I. BACKGROUND On October 6, 2023, Petitioner filed a federal petition for writ of habeas corpus in the United States District Court for the Northern District of California. (ECF No. 1). On November 9, 2023, the petition was transferred to this Court. (ECF Nos. 6, 7.) In the petition, Petitioner challenges a restitution order because there was no hearing held on whether Petitioner had the ability to pay, in violation of his…

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