(HC) Spears v. El Dorado County Jail

Good Law
United States District Court, Eastern District of CaliforniaMarch 9, 20222:21-cv-01769California486 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAUREN SPEARS, Case No. 2:21-cv-01769-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION

DOES NOT STATE A COGNIZABLE CLAIM

v. UNDER SECTION 2254 AND GRANTING

LEAVE TO AMEND WITHIN THIRTY

EL DORADO COUNTY JAIL, DAYS Respondent. ECF No. 1 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it cannot proceed under § 2254. The claims made therein concern the conditions of petitioner’s confinement and should be brought, if at all, in a section 1983 action. The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.