Floyd Eugene Bender, Jr. v. CA, Institution for Men

Good Law
United States District Court, Central District of CaliforniaNovember 29, 20212:21-cv-03310California2,107 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 FLOYD EUGENE BENDER, JR., Case No. 2:21-cv-03310-MWF-MAA Petitioner, ORDER DISMISSING PETITION

AND DISMISSING ACTION

v.

WITHOUT PREJUDICE

CA INSTITUTION FOR MEN, et al., Respondents. 16 17 I. INTRODUCTION AND BACKGROUND On April 6, 2021, the Court received and filed Petitioner Floyd Eugene Bender, Jr.’s (“Petitioner”) pro se filing entitled “Notice: Motion to Grant Judgment for Failure to Respond to Emergency Complaint (Acquiescence),” which the Court construed as a Petition for a Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). (Pet., ECF No. 1.) Petitioner alleged that on March 22, 2021, he filed an institutional complaint, or “emergency grievance,” seeking his release from confinement at the California Institution for Men because he was “incarcerat[ed] for extra days and hours without any consent 27 28 nor probable cause.” (Id. at 1–2, 5.) Petitioner appeared to seek damages based on his…

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