Phillips

Phillips v. Allison

Good Law
United States District Court, Northern District of CaliforniaNovember 2, 20213:21-cv-06615California1,139 words

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…

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