Andy Fortner v. Lake County Jail

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5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 ANDY FORTNER, et al., Case No. 2:25-CV-00784-MEMF-AJR Petitioners, v. ORDER DISMISSING HABEAS LAKE COUNTY JAIL, et al., ACTION WITHOUT PREJUDICE

Respondents. 16 17 On January 27, 2025, Andy Fortner and Erin Charles Costigan, pro se 18 prisoners in the custody of the Lake County Sherriff’s Department at the Lake 19 County Jail, filed a state-court form Petition for Writ of Habeas Corpus (the 20 “Petition”). (Dkt. 1.) Section 2254 empowers the court to “entertain an application 21 for a writ of habeas corpus in behalf of a person in custody pursuant to the 22 judgment of a State court . . . on the ground that he is in custody in violation of the 23 laws of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 24 2254(a). 25 26 The Court need neither grant the writ nor order a return if “it appears from 27 the application that the applicant or person detained is not entitled thereto.” 28 28 U.S.C. § 2243; see also Rule 4 of the Rules…