Israel

Israel v. Ndoh

Good Law
United States District Court, Northern District of CaliforniaAugust 17, 20204:20-cv-04347California632 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MAX LEE ISRAEL, Case No. 20-cv-04347-PJH

Petitioner,

ORDER OF DISMISSAL

v.

R. NDOH, Respondent.

12 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was dismissed with leave to amend to demonstrate why the petition is not successive. Petitioner has filed an amended petition. DISCUSSION STANDARD OF REVIEW The Court may consider 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 heightened pleading requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of habeas corpus filed by a prisoner who is in state custody pursuant to a…

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