Lopez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA NEIL HARRELL, No. 2:21-cv-1227 KJN P Petitioner, v. ORDER FRANK LOPEZ, Respondent. 16 Petitioner, a former state prisoner who appears to be on probation, proceeds pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Title 28 U.S.C. § 2241 is the proper avenue for a state prisoner who wishes to challenge state custody without a state judgment. Stowe v. Murashige, 389 F.3d 880, 886 (9th Cir. 2004). But the Court of Appeals for the Ninth Circuit holds that 28 U.S.C. § 2254 is the exclusive avenue for a state court prisoner to challenge the constitutionality of his detention. See White v. Lambert, 370 F.3d 1002,…