(HC) Casteel v. Von Sluepth

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CARLOS LEVELT CASTEEL, Case No. 1:20-cv-00781-DAD-EPG

Plaintiff, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. ESTHER VON SLUEPTH, et al., Defendants.

16 I. BACKGROUND Plaintiff Carlos Levelt Casteel is currently detained at the Lerdo Pre-Trial Facility in Bakersfield, California. (ECF No. 1 at 1).1 On June 4, 2020, Plaintiff commenced the instant proceeding by filing a complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1). In the complaint, Plaintiff seeks dismissal of his state criminal proceeding under the theory of vindictive prosecution, or in the alternative, a writ of prohibition to prevent the Kern County Superior Court from taking further proceedings on the criminal information filed. (ECF No. 1 at 3). /// /// II. DISCUSSION A. Habeas Corpus

Federal law opens two main avenues to relief on complaints related to…