(HC) Shah v. Alpine County Superior Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO SHAH, No. 2:21-cv-0232 AC P Petitioner, v. ORDER ALPINE COUNTY SUPERIOR COURT, Respondent. 16 Petitioner, proceeding pro se, has filed what purports to be a petition for writ of habeas corpus and has paid the $5.00 filing fee for petitions for writ of habeas corpus. ECF No. 1. The petition was initially filed in the United States District Court for the Northern District of California. A petitioner may seek federal habeas relief from a state-court conviction or sentence “only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). While it appears that petitioner is no longer incarcerated, it is unclear whether he is on parole, and an individual who is on parole is still considered to be “in custody,” Maleng v. Cook, 490 U.S. 488, 491 (1989). However, even assuming that petitioner satisfies the custody requirement, he fails…