Phillips
Phillips v. Allison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ERIC PHILLIPS, J91735, Case No. 21-cv-06615-CRB (PR)
Petitioner,
ORDER TO SHOW CAUSE
v.
RON BROOMFIELD, Acting Warden, (ECF No. 4) Respondent.
Petitioner, a state prisoner incarcerated at San Quentin State Prison (SQSP), has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his exclusion from consideration for a recommendation for resentencing under California Penal Code section 1170(d)(1). Petitioner also seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915. BACKGROUND In October 1995, an Alameda County Superior Court jury found petitioner guilty of one count of second-degree murder, one count of premeditated attempted murder, one count of discharging a firearm at an inhabited dwelling and one count of assault with a deadly weapon. The superior court sentenced petitioner to an indeterminate term of 38 years to life in state prison. In April 2018, the Board of…