(HC) Harris v. Butte County

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE EDWARD HARRIS, No. 2:24-cv-01612-DAD-CSK Petitioner, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

BUTTE COUNTY, HABEAS PETITION Respondent. (Doc. No. 4) 16 17 Petitioner Clarence Edward Harris is a former state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 12, 2024, the assigned magistrate judge issued findings and recommendations recommending that the pending petition be dismissed for failing to state a cognizable claim for federal habeas relief. (Doc. No. 4.) Specifically, the findings and recommendations concluded that the petition did not state a cognizable claim under § 2254 because petitioner is not in custody. (Id. at 3–4.) Those findings and recommendations…