Hooker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAURICE WILLIAM HOOKER, Case No. 21-cv-04228-VC (PR)

Petitioner,

ORDER DISMISSING ONE CLAIM,

v. ISSUING ORDER TO SHOW CAUSE

ON TWO CLAIMS

THE PEOPLE OF THE STATE OF

CALIFORNIA, Re: Dkt. No. 2 Respondent.

Maurice William Hooker is a state prisoner who has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his state court conviction and sentence. His application to proceed in forma pauperis is granted. Hooker asserts three claims: (1) his lengthy sentence constitutes cruel and unusual punishment; (2) the restitution portion of his sentence constitutes cruel and usual punishment; and (3) ineffective assistance of counsel. Hooker’s contention that the restitution portion of his sentence is unconstitutional must be dismissed because there is no habeas jurisdiction over a challenge to a restitution order. Under 28 U.S.C. § 2254 a habeas petition may be entertained “only on the ground that [petitioner] is in custody in violation of the Constitution or laws or treaties of the United States,” which requires “a nexus…