Atchley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CORREY MITCHELL, Case No. 21-cv-06176-JST

Petitioner,

ORDER OF DISMISSAL; DENYING

v. CERTIFICATE OF APPEALABILITY

MATTHEW ATCHLEY, Respondent.

12 Petitioner, an inmate at Salinas Valley State Prison, filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner has paid the filing fee. ECF No. 1-2. DISCUSSION A. 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). A district court shall “award the writ or issue an…