Does the amended petition seek federal habeas relief?
MultiRegion, United States of America
The following excerpt is from McKinney v. Newsom, No. 2:19-cv-1695-EFB P (E.D. Cal. 2020):
The amended petition does not state a cognizable federal habeas claim. Federal habeas relief is available only where a petitioner is in custody in violation of the Constitution or the laws or treaties of the United States. Estelle v. McGuire, 502 U.S. 62, 68 (1991). California's denial of petitioner's tort claim, even if erroneous under California law, does not invoke any violation of federal law.
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