Price

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROY RUSS, Case No. 1:21-cv-01592-HBK (HC) 12 Petitioner, ORDER GRANTING RESPONDENT’S

MOTION TO DISMISS1

13 v. (Doc. No. 7) 14 BRANDON PRICE,

15 Respondent. 16 17 18 19 Petitioner Roy Russ (“Petitioner”), a civil detainee at Coalinga State Hospital, initiated 20 this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 21 1, “Petition”). Petitioner challenges his continued commitment stemming from the state court’s 22 denial of his October 30, 2020 state habeas petition for post-commitment relief. (Id. at 6). The 23 Petition raises three grounds for relief (restated): (1) Petitioner’s continued commitment based 24 solely on his diagnosis of Anti-Social Personality Disorder (“ASPD”) with a finding that the 25 diagnosis does not predispose him to engage in commission of sexual offenses violates his rights 26 under the Fourteenth Amendment; (2) Petitioner’s continued commitment absent a diagnosed 27 1 Both parties have…