Warden

(HC) Curry v. Warden

Good Law
United States District Court, Eastern District of CaliforniaFebruary 3, 20252:24-cv-00956California279 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID HENRY CURRY, No. 2:24-cv-0956 CKD P Petitioner, v. ORDER WARDEN, CALIFORNIA MEDICAL

FACILITY,

15 Respondent. 17 Petitioner is proceeding with a petition for writ of habeas corpus under 28 U.S.C. § 2254. The petition filed by petitioner on March 28, 2024, is fully briefed and submitted to the court for decision. On January 14, 2025, petitioner filed a petition for a writ of habeas corpus in the Ninth Circuit Court of Appeals. The Ninth Circuit transferred the petition here on January 23, 2025, pursuant to the authority to do so under 28 U.S.C. § 2241(b) (circuit may decline to entertain habeas petition and transfer to district court with jurisdiction). Pursuant to Woods v. Carey, 525 F.3d 886, 889 (9th Cir. 2008), the petition is construed as an amended petition. Because petitioner has not filed a motion for leave to amend, established good cause for allowing leave to amend, and because good cause for permitting…

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