(HC) Houston v. Monterey County Jail

Good Law
United States District Court, Northern District of CaliforniaJanuary 28, 20224:21-cv-05043California1,656 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TONY XAVIER HOUSTON, Case No. 21-cv-05043-JST

Petitioner,

ORDER OF DISMISSAL

v. 9 Re: ECF Nos. 1, 8 MONTEREY COUNTY JAIL, Respondent.

12 Petitioner, a state prisoner incarcerated at North Kern State Prison, filed this petition for a writ of habeas corpus. ECF No. 1. For the reasons set forth below, the Court DISMISSES this action for failure to state a cognizable federal habeas claim and for lack of federal habeas jurisdiction. Petitioner’s request to proceed in forma pauperis is GRANTED. ECF No. 8. DISCUSSION I. Background Petitioner pled no contest to grand-theft and is serving a two-year sentence. ECF No. 1 at 2. The petition is a catalog of various wrongs Petitioner has allegedly suffered. He alleges that he is not guilty of grand theft because when he demanded money from the liquor store employees, he did not use a weapon or threaten violence and because he would have walked out if the employees refused to give him…

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