Lopez
Lopez v. Diaz
Opinion
trial_court Opinion
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 EUREKA DIVISION 4 5 JOEL V. LOPEZ, Case No. 20-cv-00572-RMI
6 Plaintiff,
ORDER DISMISSING PETITION
7 v. WITH LEAVE TO AMEND
8 RALPH DIAZ, 9 Defendant.
10 11 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant 12 to 28 U.S.C. § 2254. Petitioner was convicted in Monterey County, so venue is proper here. See 28 13 U.S.C. § 2241(d). Petitioner has filed a motion to proceed in forma pauperis and consented to the 14 jurisdiction of a Magistrate Judge. (Dkts. 2, 5). 15 DISCUSSION 16 Standard of Review 17 This court may entertain a petition for writ of habeas corpus “in behalf of a person in 18 custody pursuant to the judgment of a State court only on the ground that he is in custody in 19 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. 20 Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet…