Rodriguez

Rodriguez v. Martinez

Good Law
United States District Court, Southern District of CaliforniaApril 30, 20243:23-cv-02148California1,854 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 23-cv-2148-MMA (BLM)

Petitioner,

ORDER GRANTING MOTION TO

v. DISMISS

SHERIFF KELLEY MARTINEZ, et al., [Doc. No. 15]

16 Respondents. 17 Petitioner Pedro Rodriguez (“Rodriguez” or “Petitioner”), a state prisoner, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition” or “Pet.”) alleging he was deprived of his due process and equal protection rights during a disciplinary hearing while he was incarcerated. See Doc. No. 1. Respondent has filed a Motion to Dismiss the Petition. See Doc. No. 15. For the reasons discussed below, the Court GRANTS the Motion to Dismiss. I. FACTUAL AND PROCEDURAL BACKGROUND Petitioner is serving a thirty-year sentence after being convicted of various charges, including child molestation, conspiracy to obstruct justice, fraudulently obtaining unemployment benefits, and aiding and abetting forgery. See Doc.…

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