Martinez

Martinez v. Robertson

Good Law
United States District Court, Northern District of CaliforniaMay 12, 20224:21-cv-01091California750 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RENE ESPINOZA MARTINEZ, Case No. 21-cv-01091-YGR (PR)

Petitioner, ORDER DISMISSING CASE AND

DENYING A CERTIFICATE OF

v. APPEALABILITY

JIM ROBERTSON, Warden, Respondent.

I. INTRODUCTION Petitioner proceeds with a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court ordered petitioner to show cause why the case should not be dismissed as unexhausted. Dkt. 11. To date, petitioner has not filed a response, and the deadline for doing so has passed. II. DISCUSSION A. Standard of Review This court may entertain a petition for writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading …

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