Causey

Causey v. Alameda County Superior Court

Good Law
United States District Court, Northern District of CaliforniaMay 10, 20224:22-cv-00265California690 words

Opinion

Trial Court Opinion

I. INTRODUCTION

12 Petitioner proceeds with a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 13 § 2254. The Court ordered petitioner to show cause why the case should not be dismissed as 14 unexhausted. Dkt. 4. To date, petitioner has not filed a response, and the deadline for doing so 15 has passed.

II. DISCUSSION

17 A. Standard of Review 18 This court may entertain a petition for writ of habeas corpus “in behalf of a person in 19 custody pursuant to the judgment of a State court only on the ground that he is in custody in 20 violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. 21 Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading 22 requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of 23 habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court 24 must “specify all the grounds for relief available to the petitioner . . . [and] state the facts 25 supporting each ground.” Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. foll. § 2254. 26 “‘[N]otice’ pleading is not…

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