Emery Lee Franklin v. B. Von Blanckensee

CIVIL MINUTES – GENERAL

Case No. 2:21-cv-01004-JWH-PD Date: February 10, 2021 Title Emery Lee Franklin III v B Von Blanckensee, Acting Warden

Present: The Honorable: Patricia Donahue, United States Magistrate Judge

Isabel Martinez N/A Deputy Clerk Court Reporter / Recorder

Attorneys Present for Petitioner: Attorneys Present for Respondents:

N/A N/A

Proceedings: (In Chambers) Order to Show Cause Why Petitioner’s 28 U.S.C. § 2241 Petition Should Not be Dismissed

1. Introduction On January 29, 2021, Petitioner Emery Lee Franklin III, a federal prisoner who is confined at the United States Penitentiary at Lompoc, California, and proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. [Dkt. No. 1 at 2.] Petitioner contends that Respondent Acting Warden Von Blanckensee violated his rights under the Eighth Amendment to be free from cruel and unusual punishment, by failing to provide “effective and continuous treatment for Petitioner’s COVID-19 symptoms” for approximately ninety days. [Id. at 6.] Petitioner also alleges that his…