Skinner

Skinner v. Clark

Good Law
United States District Court, Northern District of CaliforniaJuly 14, 20204:20-cv-00790California1,151 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 MAURICE SKINNER, Case No. 20-cv-00790-YGR (PR)

Petitioner, ORDER OF DISMISSAL; AND

DENYING CERTIFICATE OF

v. APPEALABILITY

KEN CLARK, Warden,

Respondent.

I. INTRODUCTION Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has paid the full filing fee. II. LEGAL STANDARD 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); Rose v. Hodges, 423 U.S. 19, 21 (1975). A district court shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.” 28 U.S.C. § 2243. Summary dismissal…

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