(HC)Beaton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BEATON, No. 2:22-cv-0701-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PAYAN, Respondent. 16 Petitioner is a state prisoner proceeding without counsel in this amended petition for writ of habeas corpus brought under 28 U.S.C. § 2241. See ECF Nos. 6 & 8. The court has reviewed the amended petitions and finds that they should be dismissed without further leave to amend. United States District Courts have authority under 28 U.S.C. § 2241 to grant petitions for writ of habeas corpus to state or federal prisoners “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c). The court should award the writ or issue an order to the respondent to show cause why the writ should not be granted “unless it appears from the application that the applicant or person detained is not entitled” to relief. 28 U.S.C. § 2243. If it appears that the petitioner is…