Merlak

(HC) Lopez-Miranda v. Merlak

Good Law
United States District Court, Eastern District of CaliforniaFebruary 7, 20201:19-cv-01021California1,207 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANUEL DE JESUS LOPEZ- Case No. 1:19-cv-01021-LJO-JDP

MIRANDA,

FINDINGS AND RECOMMENDATIONS Petitioner, THAT PETITION BE DISMISSED FOR LACK OF JURISDICTION v. OBJECTIONS DUE IN FOURTEEN DAYS

STEVEN MERLAK,

ECF No. 1 Respondent. ORDER DIRECTING CLERK TO SEND

PETITIONER § 1983 COMPLAINT FORM

18 Petitioner Manuel De Jesus Lopez-Miranda, a federal prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. Petitioner does not challenge his conviction or sentence. Instead, he claims that he is not receiving proper medical care in prison. ECF No. 1 at 1. This matter is before us for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. See R. Governing Section 2254 Cases, Rule 1(b); 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if…

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