Spillers v. Covello

Summary

The United States District Court for the Eastern District of California recommends granting the respondent’s motion to dismiss a state prisoner’s second amended habeas corpus petition under 28 U.S.C. § 2254. The court concludes that the petitioner identified no violation of federal law and, alternatively, that California’s sentence-credit provisions did not entitle him to the additional credits claimed.

Holdings

1. A federal habeas petition must be dismissed when it alleges only an error in the interpretation or application of state law and does not identify a violation of the Constitution or laws of the United States.
2. Petitioner was not entitled to the additional sentence credit provided by Title 15 California Code of Regulations § 3043.2(b)(4) or (5) because he was convicted of a violent felony and did not allege that he completed firefighter training or was housed at a fire camp in a qualifying non-firefighter role.

Questions Presented

1. Whether the second amended § 2254 petition stated a cognizable federal habeas claim when it challenged the application of California sentence-credit law without identifying a violation of the Constitution or federal law.
2. Whether petitioner was entitled to additional sentence credit under Title 15 California Code of Regulations § 3043.2(b)(4) or (5) based on his minimum-security status despite his violent-felony conviction.

Disposition

dismissed