Lopez

Lopez v. Diaz

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20203:20-cv-00572California946 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 4 JOEL V. LOPEZ, Case No. 20-cv-00572-RMI

Plaintiff,

ORDER DISMISSING PETITION

v. WITH LEAVE TO AMEND

RALPH DIAZ, Defendant.

10 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Monterey County, so venue is proper here. See 28 U.S.C. § 2241(d). Petitioner has filed a motion to proceed in forma pauperis and consented to the jurisdiction of a Magistrate Judge. (Dkts. 2, 5). DISCUSSION Standard of Review This court may entertain a petition for writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet…

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