McCarthy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES T MCCARTHY, Case No. 16-cv-06820-HSG

Petitioner, ORDER DENYING LEAVE TO FILE

MOTION SEEKING DECLARATORY

v. JUDGMENT

CRAIG KOENIG, Re: Dkt. No. 36 Respondent.

12 Petitioner, a California state prisoner, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity of a judgment obtained against him in state court. The respondent has filed an answer to the amended petition, and this matter is fully briefed. Petitioner now requests leave to file a motion for a declaratory judgment that the prosecution committed misconduct with respect to the November 15, 2012 preliminary hearing. Dkt. No. 36. Petitioner’s request is DENIED for the following reasons. This Court is without authority to entertain a request for declaratory judgment with respect to a state court conviction. A state prisoner may not seek any kind of declaratory judgment or …