Beck

Beck v. Covello

Good Law
United States District Court, Northern District of CaliforniaJune 3, 20204:20-cv-01894California516 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 JASON MICHAEL BECK, Case No. 20-cv-01894-YGR (PR) Petitioner, ORDER OF DISMISSAL v. 6 PATRICK COVELLO, Warden, Respondent. 8 I. INTRODUCTION Petitioner, a state prisoner at Mule Creek State Prison, has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging a $10,000 restitution fine entered by the Contra Costa County Superior Court in June 2009 as part of his twenty-one years to life sentence for second degree murder. He also moves for leave to proceed in forma pauperis under 28 U.S.C. § 1915. Dkts. 2, 7. II. DISCUSSION This Court may entertain a petition for a 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). Section 2254(a) uses the term “in custody” twice, with two different requirements. Bailey v. Hill, 599 F.3d 976, 978 (9th Cir.…

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