Alem

Alem v. Bird

Good Law
United States District Court, Northern District of CaliforniaJune 9, 20213:21-cv-00831California1,031 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 DANIEL ALEM, Case No. 21-cv-00831-WHO (PR) Petitioner,

ORDER OF DISMISSAL

v. 13 LANDON BIRD, Dkt. Nos. 2 and 5 Respondent. 15 16 INTRODUCTION Petitioner Daniel Alem seeks federal habeas relief from a restitution fine imposed by the state court pursuant to his convictions. The petition is DISMISSED because a restitution claim is not a cognizable federal habeas claim, and even if it were, the petition would be barred by the rule against second or successive petitions. BACKGROUND According to the petition, in 2012 Alem was convicted by an Alameda County Superior Court jury of attempted murder, attempted robbery, and assault with a firearm. (Pet., Dkt. No. 1 at 2.) A sentence of 32 years to life was imposed. (Id. at 1.) In 2015, Alem filed an unsuccessful federal habeas petition in this Court in which he challenged those convictions. See Alem v. Arnold, No. 15-cv-03649-WHO (PR) (N.D. Cal. Dec. 6, 1 …

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