Cox
Cox v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NICHOLAS ADAM COX, Case No. 19-cv-05996-JD
Petitioner,
ORDER DISMISISNG PETITION
v. WITH LEAVE TO AMEND
RALPH DIAZ, Respondent.
12 Petitioner, a California prisoner, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Contra Costa County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). He has paid the filing fee. DISCUSSION
STANDARD OF REVIEW
18 The Court may consider a petition for writ of habeas corpus “in behalf of a person in 19 custody pursuant to the judgment of a State court only on the ground that he is in custody in 20 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. 21 Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading 22 requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of 23 habeas corpus filed…