Fonseca

Fonseca v. Guzman

Good Law
United States District Court, Northern District of CaliforniaSeptember 5, 20234:22-cv-04812California2,003 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUAN C. FONSECA, Case No. 22-cv-04812-YGR (PR)

Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS; AND

v. DENYING CERTIFICATE OF

APPEALABILITY

FIDENCIO N. GUZMAN, Warden,1 Respondent.

On August 23, 2022, petitioner, a state prisoner currently incarcerated at Centinela State Prison, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. 1. Thereafter, the Court issued an order to show cause. Dkt. 6. Before the Court is respondent’s motion to dismiss the instant petition on the grounds that that the claim does not state a cognizable basis for federal habeas relief. Dkt. 10. Specifically, respondent argues that habeas corpus is not the proper remedy for petitioner’s claim because petitioner has not shown that success in this action will necessarily accelerate his release from prison. Id. Even though he was given the opportunity to do so, petitioner has not filed an …

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