Valdez

Valdez v. CDCR

Good Law
United States District Court, Northern District of CaliforniaApril 15, 20213:21-cv-02561California661 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISMAEL VALDEZ, S-264952, Case No. 21-cv-02561-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS AND

v. DENYING A CERTIFICATE OF

APPEALABILITY

CDCR, (ECF No. 3) Respondent.

I. Petitioner, a pretrial detainee at the Santa Cruz County Main Jail, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 seeking correction/expungement of his California Department of Corrections and Rehabilitation (CDCR) file associated with his now expired July 24, 2002 conviction and seven-year sentence from Monterey County Superior Court. Petitioner also seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Based solely on petitioner’s affidavit of poverty, his application for leave to proceed IFP (ECF No. 3) is GRANTED.

II.

20 Federal law opens two main avenues to relief on claims related to imprisonment: a petition 21 for a writ of habeas…

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