(HC) Harris v. Butte County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE HARRIS, No. 2:24-cv-1612 DAD CSK P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

BUTTE COUNTY, Respondent. 16 17 Petitioner, proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with a request to proceed in forma pauperis. Examination of the affidavit reveals petitioner is unable to afford the costs of this action. Accordingly, leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). As set forth below, the petition should be dismissed because petitioner is no longer in custody for the Butte County judgment in Case No. 17CF02288. Background In Butte County Superior Court, Case No. 17CF02288, petitioner pleaded no contest to possession of a controlled substance with a firearm and was placed on three years’ probation. (ECF No. 1 at 58). Petitioner filed an appeal, but the Court of Appeal of the State of California, 28 Third…