Taylor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 CARL A. TAYLOR, JR., Case No. 21-08399 BLF (PR) 11 Petitioner,

ORDER OF DISMISSAL

v.

L. MARTINEZ, Warden,

15 Respondent.

17 Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. Petitioner has paid the filing fee. Id. For the reasons discussed below, the instant petition will be dismissed. 21 DISCUSSION Petitioner claims his Eighth Amendment right against cruel and unusual punishment is being violated because he is being forced to endure “constant endangerment of life and well being with irreparable harm physically and mentally, via overcrowded prison

27 1 The matter was reassigned to this Court on November 3, 2021, by order of Magistrate conditions” midst the Covid-19 pandemic. Dkt. No. 1 at 7. Plaintiff claims that this situation qualifies as an “extraordinary and compelling” circumstance, warranting immediate release because the prison cannot possibly guarantee…