William J Green v. W. Z. Jenkins II

Good Law
United States District Court, Central District of CaliforniaFebruary 24, 20212:21-cv-01456California6,936 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

WILLIAM GREEN, Case No. CV 21-1456-DMG (GJS) Petitioner

ORDER DISMISSING

v. PETITION WITHOUT

PREJUDICE

W.Z. JENKINS II, WARDEN,

Respondent.

17 18 Petitioner is a federal prisoner currently incarcerated within this District. The Clerk’s Office received a putative 28 U.S.C. § 2241 petition from him on February 11, 2021, which was assigned to the undersigned on February 17, 2021 (“Petition”). Although the Petition bears the words “emergency motion” in its title and states cursorily that Petitioner seeks a “restraining order or injunction” requiring his immediate release from federal custody, this, of course, is the very same, and only, relief that could be afforded as habeas relief on the merits, albeit on an expedited basis. As Petitioner has not actually complied with the requisites for obtaining emergency injunctive relief, the Court will construe the Petition as seeking “expedited adjudication” on the merits, as Petitioner requests [see Petition…

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