Warden

(HC) Alboran v. Warden

Good Law
United States District Court, Eastern District of CaliforniaOctober 26, 20221:22-cv-01225California1,024 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN ADAME ALBORAN, No. 1:22-cv-01225-HBK (HC) Petitioner, ORDER DISMISSING PETITION WITH

LEAVE TO FILE AN AMENDED PETITION

v.

THIRTY DAY DEADLINE

WARDEN, FCI MENDOTA, Respondent. 16 Petitioner, a federal prisoner incarcerated at FCI, Mendota, filed a petition for writ of habeas corpus under 28 U.S.C. § 2241 on September 26, 2022 . (Doc. No. 1). A preliminary screening of the petition reveals that it should be dismissed for failure to state a claim. The Court will afford Petitioner an opportunity to file an amended petition to cure the deficiencies. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing § 2254 Cases1 requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 25 1 The Rules Governing Section 2254 Cases may be applied to petitions for writ of habeas corpus other than those brought under…

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