(HC) Bellinger v. California Department of Corrections

Good Law
United States District Court, Eastern District of CaliforniaJuly 24, 20232:23-cv-01043California388 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRIAN JAMES BELLINGER, No. 2:23-CV-1043-DMC-P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS,

15 Respondent.

17 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition for a writ of habeas corpus, ECF No. 1. The Court has examined Petitioner’s petition as required by Rule 4 of the Federal Rules Governing Section 2254 Cases. It does not plainly appear from the petition and any attached exhibits that Petitioner is entitled to relief. See id. Specifically, Petitioner’s claim is largely indecipherable and, to the extent coherent, does not appear to relate to the fact or duration of Petitioner’s present confinement. See Preiser v. Rodriguez, 411 U.S. 475, 500 (1973); see also Neal v. Shimoda, 131 F.3d 818, 824 (9th Cir. 1997); Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995)…

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