(HC) Brown v. Northern Kern State Prison

Good Law
United States District Court, Eastern District of CaliforniaJanuary 10, 20221:21-cv-01061California405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENYON DERRAL BROWN, Case No. 1:21-cv-01061-NONE-HBK Petitioner, ORDER GRANTING PETITIONER’S

MOTION FOR REVIEW OF PETITION

v. (Doc. No. 20) NORTH KERN STATE PRISON,

DIRECTOR OF CDCR,

15 Respondent. 16 17 18 19 Pending before the Court is Petitioner’s pleading docketed by the clerk as a “motion for 20 summary judgment” on October 27, 2021. (Doc. No. 20). Petitioner, who is pro se, has pending 21 a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). In his one-page 22 pleading, Petitioner asks the Court “to make a ruling in the interests of justice” because he 23 believes he has “proved cognizable claims.” (Doc. No. 20 at 1). The Supreme Court has 24 instructed the federal courts to liberally construe the “inartful pleading[s]” of pro se litigants. 25 Boag v. MacDougall, 454 U.S. 364, 365 (1982). The Court liberally construes Petitioner’s 26 pleading as a motion for the Court to undertake a review of the petition and respondent’s answer 27 and issue a ruling in this…

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