(HC) Biagas v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VINCENT JAMES BIAGAS, SR., No. 2:21-cv-0109 CKD P Petitioner, v. ORDER AND STATE OF CALIFORNIA, et al., FINDINGS AND RECOMMENDATIONS Respondents. 16 Petitioner, a California prisoner, has filed a document titled “Petition for Writ of Mandate.” He attacks his criminal conviction and sentence. When a state prisoner challenges the legality of his custody and the relief he seeks is the determination of his entitlement to an earlier or immediate release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Furthermore, it appears petitioner seeks relief under “Article 440” a provision of New York law (ECF No. 1 at 4) which is not applicable in any respect in a federal or California court. To the extent petitioner seeks relief pursuant to procedures available in California courts, those procedures are likewise not applicable in federal court. In light of the foregoing, the court…