Dos Santos v. People of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 OLIVEIRA DOS SANTOS, Case No. 21-cv-04224-JD
Petitioner,
ORDER OF DISMISSAL
v.
NAPA STATE HOSPITAL, Respondent.
12 Petitioner, a patient at Napa State Hospital, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in San Mateo County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). 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 is in state custody pursuant to…