Valdez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ISMAEL VALDEZ, BW7093, Case No. 24-cv-01175-CRB (PR)

Petitioner, ORDER DISMISSING PETITION FOR

A WRIT OF HABEAS CORPUS AND

v. DENYING A CERTIFICATE OF

APPEALABILITY

M. EGGERS, (ECF No. 5) Respondent.

I. Petitioner, a state prisoner currently incarcerated at the Correctional Training Facility in Soledad, California, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 alleging that on January 4, 2023, Greenfield Police Officer M. Eggers “threatened” him while taking him to the Monterey County Jail. ECF No. 1 (Pet.) at 3. Petitioner specifically alleges that Eggers “threatened to shoot me” if “I run from him” even though “I was in handcuffs.” Id. Petitioner seeks leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Based 18 solely on his affidavit of poverty, his application to proceed IFP (ECF No. 5) is GRANTED.

II.

20 Federal law opens two main avenues…