Carroll

Carroll v. Pollard

Good Law
United States District Court, Southern District of CaliforniaAugust 10, 20203:20-cv-00010California1,250 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 TREMAYNE CARROLL, Case No.: 20-cv-00010-BAS (BGS) 11 Petitioner,

ORDER DISMISSING SECOND

AMENDED PETITION WITHOUT v.

PREJUDICE AND WITHOUT

LEAVE TO AMEND RALPH DIAZ, Secretary,

[ECF No. 10] Respondent. 15 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 28 U.S.C. § 2254 (“Petition”). (ECF No. 1.) On January 16, 2020, the Court dismissed the Petition without prejudice and with leave to amend for failure to state a cognizable claim on habeas corpus 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. (See generally, ECF No. 4.) Petitioner was…

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