(HC) Kalso v. Butte County Superior Court

Good Law
United States District Court, Eastern District of CaliforniaMay 31, 20242:24-cv-00653California610 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ZACHARY LLOYD KALSO, Case No. 2:24-cv-00653-JDP (HC) Petitioner, ORDER v. SCREENING THE PETITION AND

OFFERING LEAVE TO AMEND

BUTTE COUNTY SUPERIOR COURT, ECF No. 1 Respondent.

GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

PAUPERIS

17 ECF No. 2 18 19 20 Petitioner, a pre-trial detainee, brings this action under section 2254 and alleges that he is restrained as “a result of a void proceeding.” ECF No. 1 at 3. His petition, however, is deficient for several reasons. First, petitioner cannot bring this action pursuant to section 2254 insofar as he has not yet been convicted. See 28 U.S.C. § 2254(a) (“[A] district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court . . . .”). Here, petitioner is not in custody pursuant to the judgment of a state court insofar as he acknowledges that he is awaiting…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.