(HC) Hernandez v. Kings County Jail
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC B. HERNANDEZ, No. 1:20-cv-01171-NONE-HBK (HC) Petitioner, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DISMISS § 2254
v. PETITION KINGS COUNTY JAIL, (Doc. Nos. 1, 5) Respondent. 16 Petitioner Eric B. Hernandez is a state pre-trial detainee proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. No. 1.) Petitioner is currently detained in a county jail while awaiting trial, but he asks this federal court to intervene in his California state court criminal proceeding and to order his release due to the risk of him contracting COVID-19 while incarcerated. (Id. at 2–3.) This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. Pursuant to Rule 4 of the Rules Governing Section 2254 Cases, the assigned magistrate judge screened the instant petition and issued findings and…