Reisig

David Bennett v. Jeff Reisig, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 15, 20252:25-cv-02103California788 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID BENNETT, No. 2:25-CV-2103-DMC-P Petitioner, v. ORDER JEFF REISIG, et al., Respondents. 16 David Bennett, a prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Pending before the Court is Petitioner’s original petition, ECF No. 1. As a pretrial detainee, petitioner is not in custody “pursuant to the judgment of a state court” within the meaning of 28 U.S.C. § 2254 and instead brings the habeas petition under 28 U.S.C. § 2241(c)(3). See McNeely v. Blanas, 336 F.3d 822, 824 n. 1 (9th Cir. 2003). In screening the habeas petition brought under 28 U.S.C. § 2241, the court applies the Rule 4 framework of the Rules Governing Section 2254 Cases in the United States District Courts. See 28 U.S.C. foll. § 2254, Rule 4; see also Id., Rule 1(b) (“The district court may apply any or all of these rules to a habeas corpus petition not covered by Rule…

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