Ayers

Ayers v. Burton

Good Law
United States District Court, Northern District of CaliforniaMay 20, 20225:21-cv-05806California1,309 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOBBY RAY AYERS,

Case No. 21-cv-05806 BLF (PR) Petitioner, ORDER OF DISMISSAL; DENYING v. CERTIFICATE OF APPEALABILITY; ADDRESSING

PENDING MOTION

ROBERT BURTON, Respondent.

(Docket No. 11)

17 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the denial of parole. Dkt. No. 1. The Court dismissed the petition with leave to amend for Petitioner to state a violation of any procedural protections during the parole proceedings. Dkt. No. 8 at 3. The Court subsequently granted Petitioner an extension of time to file an amended petition. Dkt. No. 22 10. Rather than file an amended petition as directed, Petitioner filed a “motion for 23 judgment,” asserting that he should not be forced to amend his petition and that the merits 24 of his claim have been…

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