Martinez
Martinez v. Lundy
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BENJAMIN MARTINEZ, Case No. 24-cv-00033-TLT
Petitioner,
ORDER OF DISMISSAL;
v. DENYING CERTIFICATE OF
APPEALABILITY
LEANNA LUNDY,
Respondent.
12 Petitioner filed this pro se action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He paid the filing fee. For the reasons set forth below, the petition will be dismissed and a certificate of appealability will be denied. DISCUSSION 1. Background Petitioner was convicted by plea of first-degree murder in Alameda County in 1993 and sentenced to an indeterminate prison term of 25 years and eight months in case number 112553. ECF 1 at 26. In 2000, he was sentenced in Lassen County Superior Court to another, consecutive, indeterminate prison term for an offense committed while in custody. He was later sentenced to an additional determinate term for another custodial offense in Lassen County. In 2021, petitioner’s Lassen County…