Torres
Torres v. Kernan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO TORRES, Case No. 20-cv-03159-PJH
Petitioner,
ORDER FOR RESPONDENT TO
v. SHOW CAUSE
SCOTT KERNAN, Respondent.
12 Petitioner, a former state prisoner, filed a pro se writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was stayed so petitioner could exhaust further claims. The stay has been lifted and petitioner has filed an amended petition. 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 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…