Unknown
Jenzel Woodfork v. Unknown
Opinion
trial_court Opinion
I. Discussion
Habeas petitions brought by federal prisoners under 28 U.S.C. § 2241 are subject to the same screening requirements that apply to habeas petitions brought under 28 U.S.C. § 2254. Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (“Habeas Corpus Rules”), Habeas Corpus Rule 1(b) (providing that district courts may apply the Habeas Corpus Rules to habeas petitions that are not brought under § 2254). Under Habeas Corpus Rule 2(a), the petition should name as respondent c. Lepe, Warden at USP-Victorville. Accordingly, a district court may summarily dismiss a § 2241 petition before the respondent files an answer, “[i]f it plainly appears from the face of the petition ... that the petitioner is not entitled to relief.” Habeas Corpus Rule 4; Mayle v. Felix, 545 U.S. 644, 656 (2005). The Petition as currently pled does not state any facts in support of any grounds for relief.
II. Order
The Petition appears subject to dismissal for the reasons stated above. The Court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address the…