Patton
Patton v. Price
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BILLY PATTON, Case No. 23-cv-00012-JSC
Plaintiff,
ORDER OF PARTIAL DISMISSAL
v. AND TO SHOW CAUSE
STIRLING PRICE, Defendant.
INTRODUCTION Petitioner, a prisoner of the State of California proceeding without the assistance of an attorney, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging his conviction. The petition was dismissed because it did not state claims that are capable of being judicially heard and decided. (ECF No. 10.) Petitioner was granted leave to amend, and he has filed a timely amended petition. (ECF Nos. 10, 15, 16.) For the reasons discussed below, the petition is DISMISSED in part, and Respondent is ordered to show cause why the petition should not be granted based upon the claim that is capable of being judicially heard and decided. DISCUSSION I. Standard of Review This Court may entertain a petition for a writ of habeas corpus “in behalf of a person in custody pursuant to…