Unknown

(HC) Coleman v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20242:23-cv-03012California536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACQUELINE COLEMAN, No. 2:23-cv-03012-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

UNKNOWN, Respondent. 16 Petitioner, an unincarcerated individual proceeding pro se, has filed a petition for writ of habeas corpus. Petitioner asserts that this court has jurisdiction under 28 U.S.C. §§ 2241, 2242, 2255 and 42 U.S.C. § 1983. As best the court can discern, petitioner wishes to challenge an order of the Sacramento County Superior Court granting guardianship of her minor child to the child’s biological father and his mother. ECF No. 1. Children whose custody has been determined through state proceedings, but who are not incarcerated, are not “in custody” for purposes of the federal habeas corpus statutes. Lehman v. Lycoming Cnty. Children's Servs Agency, 458 U.S. 502, 512-16 (1982) (“extending the federal writ to challenges to state child-custody decisions – challenges based on alleged…

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