Robert E Martin v. Brandon Price

Good Law
United States District Court, Central District of CaliforniaJune 17, 20248:24-cv-01118California1,497 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

ROBERT E. MARTIN, No. 8:24-cv-01118-DMG-BFM Petitioner, v. ORDER TO SHOW CAUSE WHY HABEAS PETITION

BRANDON PRICE, SHOULD NOT BE DISMISSED

15 Respondent. 16

18 Petitioner Robert E. Martin filed a habeas petition in the Eastern District 19 of California. (ECF (“Petition”).) He used the form for petitions brought 20 pursuant to 28 U.S.C. § 2241. The District Court for the Eastern District of 21 California transferred the Petition to the Central District of California, finding 22 that the Petition should be construed as a habeas petition brought pursuant to 23 § 2254. 24 Under Rule 4 of the Rules Governing Section 2254 Cases in the United 25 States District Court—rules that apply to the Petition in this Court—the Court 26 must review the Petition before ordering a response. If it “plainly appears” from 27 28 that initial review that Petitioner is not entitled to habeas relief, the Court must …

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