Beavers

(HC) Laster v. Beavers

Good Law
United States District Court, Eastern District of CaliforniaMay 21, 20252:25-cv-01172California967 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEVI DALE LASTER, JR., No. 2:25-cv-1172-CKD P Petitioner, v. ORDER AND MATTHEW P. BEAVERS, FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner Levi Laster, Jr., an inmate at the Butte County Jail, filed a document on a form used for a petition for writ of habeas corpus. (ECF No. 1.) Petitioner has not sought leave to proceed in forma pauperis or paid the filing fee. For the reasons set forth below, the petition should be summarily dismissed without prejudice. The court applies the Rule 4 framework of the Rules Governing Section 2254 Cases in the United States District Courts (“Habeas Rules”) to screen the petition. See Habeas Rule 1(b) (a district court may “apply any or all of these rules” to any habeas petition). Thus, whether petitioner is in custody pursuant to a state court judgment and seeking relief under 28 U.S.C. § 2254, or is in pre-judgment custody and seeking relief under 28 U.S.C. § 2241, this…

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