(HC) Buensalida v. Warden Lake

Good Law
United States District Court, Eastern District of CaliforniaFebruary 10, 20201:19-cv-01347California1,230 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALFRED BUENSALIDA, Case No. 1:19-cv-01347-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

THAT PETITION BE DISMISSED FOR

v. LACK OF JURISDICTION WARDEN LAKE, ECF No. 1 Respondent. OBJECTIONS DUE IN FOURTEEN DAYS ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE AND

SEND PETITIONER A § 1983 COMPLAINT

FORM

18 Petitioner Alfred Buensalida, a federal prisoner without counsel, petitioned for a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. This matter is before the court for preliminary review. Under Rule 4 of the Rules Governing Section 2254 Cases, we must examine the habeas corpus petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th…

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