Causey

Causey v. Alameda County Superior Court

Good Law
United States District Court, Northern District of CaliforniaFebruary 15, 20224:22-cv-00265California722 words

Opinion

Trial Court Opinion

I. INTRODUCTION

10 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 11 U.S.C. § 2254. He was convicted in Alameda County, which is in this district, so venue is proper 12 here. 28 U.S.C. § 2241(d). He has filed a motion for leave to proceed in forma pauperis. Dkt. 2.

II. DISCUSSION

14 A. Standard of Review 15 This court may entertain a petition for writ of habeas corpus “in behalf of a person in 16 custody pursuant to the judgment of a State court only on the ground that he is in custody in 17 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. 18 Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading 19 requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of 20 habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court 21 must “specify all the grounds for relief available to the petitioner . . . [and] state the facts 22 supporting each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254. 23 “‘[N]otice’ pleading is not…

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