Johnson v. Superior Court of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARRELL EUGENE JOHNSON, Case No. 22-cv-05613-TLT
Plaintiff,
ORDER OF DISMISSAL; GRANTING
v. LEAVE TO PROCEED IN FORMA
PAUPERIS
SUPERIOR COURT OF CALIFORNIA,
Defendant.
12 Petitioner, a prisoner of the State of California proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction and sentence. ECF No. 7. His petition is now before the Court for review pursuant to 28 U.S.C. § 2243 and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner is granted leave to proceed in forma pauperis. See ECF No. 2. Because petitioner’s state appeal is pending, the petition will be dismissed without prejudice. DISCUSSION A. Standard of Review This Court may entertain a petition for a 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…