Chan
Chan v. West Ann's California Penal Code Book
Opinion
Trial Court Opinion
I. BACKGROUND
20 Although Mr. Chan named West Publishing Company as a defendant, see Compl. at 1, his 21 Complaint centers on an alleged failure to respect his Miranda rights, see id. at 3. As relief, Mr. 22 Chan asks the Court to rule that his Miranda rights were violated. See id. Although Mr. Chan does 23 not clearly state the relief sought, see generally Compl. & Dkt. No. 8, his request for this Court to 24 rule on his Miranda claim suggests that he intends to seek release. 25 Mr. Chan subsequently filed with the Court a copy of a state-court habeas petition, listing 26 four state criminal proceedings he intended to challenge. See Dkt. No. 8, at 2. The state-court 27 See id. at 3. Mr. Chan states in the state-court habeas petition that he represented himself in the challenged proceeding. See Dkt. No. 8 at 6. In his sole ongoing state criminal proceeding, however, he is represented by counsel. Because the state-court habeas petition and the instant federal Complaint both challenge an alleged Miranda violation, and the state-court habeas petition challenges a closed proceeding, it appears that in the instant federal civil rights action Mr. Chan intends…