Stewart

Stewart v. People of the State of California for the County of Santa Clara

Good Law
United States District Court, Northern District of CaliforniaAugust 25, 20233:23-cv-00714California590 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THEODORE STEWART, Case No. 23-cv-00714-JD

Petitioner,

ORDER RE DISMISSAL

v.

PEOPLE OF THE STATE OF

CALIFORNIA FOR THE COUNTY OF

SANTA CLARA, Respondent. 12 Theodore Stewart, a state court pretrial detainee, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was dismissed with leave to amend, and petitioner filed an amended petition. DISCUSSION STANDARD OF REVIEW This Court may consider 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); Rose v. Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of habeas corpus filed by a prisoner who is in state…

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