(HC) Lucas v. Placer County Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID LEE LUCAS, No. 2:24-cv-1336 AC P Petitioner, v. ORDER AND FINDINGS &
RECOMMENDATIONS
PLACER COUNTY SUPERIOR COURT, et al., 15 Respondent. 16 Petitioner is a civil detainee proceeding pro se with a writ of habeas corpus challenging his commitment under the Sexually Violent Predator Act (SVPA). By order filed November 22, 2024, petitioner was ordered to show cause why the petition should not be dismissed. ECF No. 6. Petitioner has now filed his response. ECF No. 7. In ordering petitioner to show cause why his petition should not be dismissed, the undersigned determined that because petitioner was challenging his involuntary commitment under the SVPA, the petition was properly brought under 28 U.S.C. § 2254. ECF No. 6 at 2. The undersigned further found that it was unclear whether petitioner was challenging the state court’s 2013 determination that he is a sexually violent predator (SVP) or the 2021 denial of his petition 26 …