(HC) Bailey v. St. Andre
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNEL M. BAILEY Case No. 2:23-cv-01228-TLN-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS v. THAT RESPONDENT’S MOTION TO
DISMISS BE GRANTED
ROB ST. ANDRE, ECF No. 13 Respondent. 16 Petitioner Johnel M. Bailey, a state prisoner, brought this section 2254 action attacking a prison disciplinary conviction that allegedly violated his due process rights. ECF No. 1 at 5, 7-8. Respondent has moved to dismiss the petition for lack of jurisdiction, arguing that it falls outside the core of habeas corpus because, even if petitioner is successful in overturning his conviction, it will not necessarily result in his earlier release. ECF No. 13 at 3-4. Petitioner has filed an opposition, ECF No. 19, and no reply has been filed within the deadline. For the reasons stated hereafter, I agree with respondent and recommend that the petition be dismissed. No habeas rule specifically applies to motions to dismiss. See…