Keran

(HC) Davis v. Keran

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20212:21-cv-00136California831 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY L. DAVIS, No. 2:21-CV-0136-TLN-DMC-P Petitioner, v. FINDINGS AND RECOMMENDATIONS SCOT KERAN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition for a writ of habeas corpus, ECF No. 1. Rule 4 of the Federal Rules Governing Section 2254 Cases provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the instant case, it is plain that Petitioner is not entitled to federal habeas relief. Here, Petitioner claims related to the conditions of his confinement are not cognizable under § 2254. When a state prisoner challenges the legality of his custody – either the fact of confinement or the duration of…

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