Beck
Beck v. Covello
Opinion
trial_court Opinion
1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JASON MICHAEL BECK, Case No. 20-cv-01894-YGR (PR) 5 Petitioner, ORDER OF DISMISSAL v. 6 7 PATRICK COVELLO, Warden, Respondent. 8 9 I. INTRODUCTION 10 Petitioner, a state prisoner at Mule Creek State Prison, has filed a pro se petition for writ of 11 habeas corpus under 28 U.S.C. § 2254 challenging a $10,000 restitution fine entered by the Contra 12 Costa County Superior Court in June 2009 as part of his twenty-one years to life sentence for 13 second degree murder. He also moves for leave to proceed in forma pauperis under 28 U.S.C. 14 § 1915. Dkts. 2, 7. 15 II. DISCUSSION 16 This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in 17 custody pursuant to the judgment of a State court only on the ground that he is in custody in 18 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). 19 Section 2254(a) uses the term “in custody” twice, with two different requirements. Bailey 20 v. Hill, 599 F.3d 976, 978 (9th Cir.…