United States ex rel. Rosa v. Neal

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

David Rosa (“Rosa”) initially filed a pro se in forma pauperis petition against Dan-ville Correctional Center Warden Michael Neal (“Neal”), seeking a writ of habeas corpus under 28 U.S.C. § 2254 (“Section 2254”). After this Court appointed counsel to represent Rosa,1 respondent Neal answered the petition and moved for summary judgment under Fed.R.Civ.P. (“Rule”) 56, made applicable to this proceeding by Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts (“Section 2254 Rules”). For the reasons stated in this…