Stuckey

Stuckey v. Robertson

Good Law
United States District Court, Northern District of CaliforniaJune 22, 20234:22-cv-02613California1,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRE KENNETH STUCKEY, JR., Case No. 22-cv-02613-YGR (PR)

Petitioner, ORDER GRANTING MOTION TO

DISMISS; AND DENYING

v. CERTIFICATE OF APPEALABILITY

KATHLEEN ALLISON,

Respondent.

I. BACKGROUND The following background is taken from the Court’s September 26, 2022 Order to Show Cause: On April 15, 2022, the Ninth Circuit Court of Appeals transferred petitioner’s application for authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus petition to this Court after construing it as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. 1 at 1-2. The Ninth Circuit had denied the application with respect to petitioner’s claim that he was denied effective assistance of appellate counsel. Id. at 1. However, the Ninth Circuit denied as unnecessary the application with respect to petitioner’s challenge to the California Department of Corrections and …

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