Newcomb
(HC) Bolin v. Newcomb
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL C. BOLIN, No. 2:24-cv-01534-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
RACHEL NEWCOMB, et al., Respondents. 16 17 Petitioner is a state prisoner proceeding pro se. He filed this action on May 31, 2024 with the caption: “Petitioner’s request/demand for issue of show cause order pursuant to Penal Code § 1473.” ECF No. 1. Petitioner paid the $5 fee for the filing of a petition for writ of habeas corpus, and the case was classified by the court clerk as a habeas petition under 28 U.S.C. § 2254. Petitioner has filed two motions to clarify that he seeks a show cause order under California Penal Code § 1473 and not a writ of habeas corpus. ECF Nos. 4, 5. But petitioner does not present a basis for this court to exercise jurisdiction over the case. Section 1473 is a California statute concerning state habeas petitions. This state statute cannot and does not confer jurisdiction on this…