Shannon Cortney Nevels v. Warden Ken Clark

Good Law
United States District Court, Northern District of CaliforniaMarch 30, 20215:21-cv-01301California1,081 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHANNON CORTNEY NEVELS, Case No. 21-cv-01301-RMI

Petitioner,

ORDER OF DISMISSAL WITH LEAVE

v. TO AMEND

KEN CLARK, Re: Dkt. No. 1 Respondent.

12 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He also filed a motion to proceed in forma pauperis and consented to the jurisdiction of a Magistrate Judge. (dkts. 1, 2). BACKGROUND Petitioner was convicted of voluntary manslaughter in 2014. See Pet. (dkt. 1) at 2. He states that he did not appeal the conviction. Id. at 3. Thereafter, he filed a habeas petition with the Superior Court of Alameda County on December 30, 2019, that was denied on February 28, 2020. Id. at 3-4. DISCUSSION STANDARD OF REVIEW This Court may entertain a petition for writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State…

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