Sherry

Sherry v. Superior Court of California

Good Law
United States District Court, Northern District of CaliforniaJuly 5, 20234:23-cv-00026California1,420 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ARTIEREY SHERRY, Case No. 23-cv-00026-YGR (PR)

Petitioner, ORDER OF DISMISSAL; AND

DENYING CERTIFICATE OF

v. APPEALABILITY

7 JEFF LYNCH, Warden,

Respondent.

I. INTRODUCTION This suit was reassigned from a Magistrate Judge to the undersigned in light of a recent Ninth Circuit decision. See Dkt. 5. Petitioner, a state prisoner currently incarcerated at California State Prison - Sacramento (“CSP-SAC”), has filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. 1. He has paid the full filing fee. Dkt. 3. II. LEGAL STANDARD 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 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). A district court shall “award the writ or issue an…

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