(HC) Parker v. Napa Superior Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEWAYNE PARKER, No. 1:25-cv-00367-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
13 v. FINDINGS AND RECOMMENDATION TO DISMISS PREMATURE PETITION
NAPA SUPERIOR COURT, et al., [TWENTY-ONE DAY OBJECTION
DEADLINE]
Respondents. 17 On March 28, 2025, Petitioner filed a petition in this Court that purported to challenge a Napa County conviction pursuant to 28 U.S.C. § 2254. The case was transferred to the Northern District of California. On May 6, 2025, the Northern District 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. (Doc. 9.) On May 19, 2025, Petitioner filed an amended petition pursuant to 28 U.S.C. § 2241 stating he is a pretrial detainee. (Doc. 10.) Since Petitioner is incarcerated in Kern County, the appropriate venue is the Eastern…