(HC)Brandstatt

(HC)Brandstatt v. Clark

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20231:22-cv-01193California1,747 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM H.L. BRANDSTATT, Case No. 1:22-cv-01193-CDB (HC) Petitioner, FINDINGS AND RECOMMENDATION

TO DISMISS FOR LACK OF

v. JURISDICTION KENNETH CLARK, 14-DAY DEADLINE Defendant. (ECF No. 1) Clerk of Court to randomly assign District Judge 17 Petitioner William H.L. Brandstatt (“Petitioner”) is a California state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner claims that prison officials filed a rules violation report in error and that, as a result, Petitioner received an adverse parole decision. 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…

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