Chavez v. Smith

United States District Court for the Northern District of California

Chavez v. Smith

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ENRIQUE G. CHAVEZ, Case No. 25-cv-04111-TLT 8 Petitioner, ORDER OF DISMISSAL; 9 Vv. DENYING CERTIFICATE OF APPEALABILITY 10 STEPHEE SMITH, ll Respondent. qg 12

13 Enrique Chavez, a state prisoner proceeding pro se, filed a petition for a writ of habeas

v 14 || corpus pursuant to

28 U.S.C. Section 2254

. His motion for leave to proceed in forma pauperis,

15 || Dkt. No. 6, is granted. Chavez raises only one claim: that restitution was imposed on him in Q 16 || violation of California law in light of his sentence of life without parole. A claim based only in

= 17 state law is not a cognizable claim in federal habeas. See Swarthout v. Cooke,

562 U.S. 216

, 219

18 || (2011). The claim also appears to be untimely and not exhausted in the California courts. 19 A certificate of appealability will not issue. See

28 U.S.C. § 2253

(c). This is not a case in 20 || which “reasonable jurists would find the district court’s assessment of the constitutional claims 21 debatable or wrong.” Slack v. McDaniel,

529 U.S. 473, 484

(2000). 22 This order terminates Docket No. 6. The Clerk shall enter judgment for the respondent and 23 || close the file. 24 IT IS SO ORDERED. 25 Dated: September 26, 2025 26

28 A ON United States District Judge

Reference

Full Case Name
Enrique G. Chavez v. Stephee Smith
Status
Unknown