Torres

Torres v. Kernan

Good Law
United States District Court, Northern District of CaliforniaJuly 7, 20214:20-cv-03159California735 words

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…

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