(HC)Her

(HC)Her v. Mendota Prison

Good Law
United States District Court, Eastern District of CaliforniaMarch 13, 20231:23-cv-00272California1,583 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NOU HER, Case No. 1:23-cv-00272-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION THAT

THE PETITION FOR WRIT OF HABEAS CORPUS

v. BE DISMISSED WITH PREJUDICE AND

WITHOUT LEAVE TO AMEND

MENDOTA PRISON, (Doc. 1) Respondent.

TWENTY-ONE DAY DEADLINE.

Clerk of Court to randomly assign District Judge

Petitioner Nou Her (“Petitioner”), a federal prisoner proceeding pro se with a petition for writ

of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). A preliminary screening of the petition reveals it should be dismissed as the petition does not fall within the core of habeas corpus. Preliminary Screening Rule 4 of the Rules Governing § 2254 Cases requires the Court to conduct a preliminary review of each petition for writ of habeas corpus. Pro se habeas corpus petitions are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). However, the Court must dismiss a 26 …

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