Trate

(HC) Winston v. Trate

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20241:24-cv-00837California510 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LEANTHONY WINSTON, ) Case No.: 1:24-cv-0837 JLT HBK ) Petitioner, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS, DISMISSING THE v. ) PETITION FOR FAILURE TO STATE A CLAIM, ) DENYING PLAINTIFF’S MOTIONS FOR B.M. TRATE, ) INJUNCTIVE RELIEF, AND DIRECTING THE ) CLERK OF COURT TO CLOSE THIS CASE Respondents. ) ) (Docs. 3, 7, and 9) )

LeAnthony Winston, a federal prisoner, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 asserting two grounds for relief: (1) cruel and unusual punishment, and (2) deprivation of due process. (Doc. 1 at 1-2.) Petitioner also seeks temporary restraining orders and a preliminary injunction. (Docs. 3, 7.) The magistrate judge reviewed the allegations of the petition and observed that the “claims are premised on [Petitioner’s] allegation that he was restricted from using his phone and/or message service and…

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