Uhuru

Uhuru v. Burton

Caution
United States District Court, Northern District of CaliforniaJanuary 23, 20234:22-cv-07058California1,481 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KOHEN DIALLO UHURU, Case No. 22-cv-07058-JST

Petitioner,

ORDER OF DISMISSAL; DENYING

v. CERTIFICATE OF APPEALABILITY

JENNIFER BENAVIDEZ, Respondent.

12 Petitioner, an inmate at California Medical Facility, filed this pro se action seeking a writ of habeas corpus. For the reasons set forth below, the Court DISMISSES this petition for a writ of habeas corpus both for lack of federal habeas jurisdiction and as second or successive, and DENIES a certificate of appealability. Petitioner’s request to proceed in forma pauperis is GRANTED. ECF No. 2. 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). A district court considering an application…

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