(HC) Parker v. Napa Superior Court

Good Law
United States District Court, Northern District of CaliforniaMay 22, 20253:25-cv-03041California266 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DEWAYNE PARKER, Case No. 25-cv-03041-TLT g Petitioner,

ORDER OF TRANSFER

v. NAPA SUPERIOR COURT, et al., ll Respondents. Petitioner filed a petition in the Eastern District of California that purported to challenge a || Napa County conviction pursuant to 28 U.S.C. § 2254. The case was accordingly transferred to || this district. This Court dismissed the petition with leave to amend, directing petitioner to explain || whether he is a pretrial detainee or is incarcerated pursuant to a state court conviction. Petitioner 16 || has filed an amended petition pursuant to 28 U.S.C. § 2241 indicating that he is a pretrial detainee. A § 2241 petition must generally be filed in the district court where the petitioner is || incarcerated, and the proper respondent is the person “who has custody” over the applicant. See || Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004); Doe v. Garland, 109 F.4th 1188, 1199 (9th Cir. || 2024).…

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