(HC) James v. State of CA Attorney General

Good Law
United States District Court, Eastern District of CaliforniaJanuary 17, 20232:23-cv-00037California909 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD EUGENE JAMES, No. 2:23-cv-0037 AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

STATE OF CALIFORNIA ATTORNEY

GENERAL,

15 Respondent.

17 Petitioner, a pretrial detainee proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. Petition The Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) are appropriately applied to proceedings undertaken pursuant to 28 U.S.C. § 2241. Habeas Rule 1(b). Rule 4 of the Habeas Rules requires the court to summarily dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” “[A] petition for habeas corpus should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted.” Jarvis v. Nelson, 440 F.2d 13, 14 (9th Cir. 1971)…

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