Carroll
Carroll v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
TREMAYNE CARROLL, Case No.: 20-cv-0010-BAS-BGS Petitioner, ORDER DISMISSING FIRST
AMENDED PETITION WITHOUT
v. PREJUDICE
POLLARD, Warden, STATE OF [ECF No. 5] CALIFORNIA, et al., 15 Respondents. 16 On January 2, 2020, Petitioner, a state prisoner incarcerated at the R.J. Donovan Correctional Facility (“RJD”) in San Diego, California, and proceeding pro se, submitted a Petition for a Writ of Habeas Corpus pursuant to 2 8 U.S.C. § 2254 (“Petition”). (ECF No. 1.) On January 16, 2020, the Court dismissed the Petition without prejudice for failure to state a cognizable claim because Petitioner failed to allege that success on the claims presented, which included the restoration of custody credits lost through prison disciplinary actions, would have necessarily impacted the length of his confinement. (Order, ECF No. 4.) Petitioner was instructed that if he “wishes to challenge the loss of time or credits affecting…