Cooper
(HC) Mabon v. Cooper
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEJON MABON, No. 2:23-CV-1004-TLN-DMC-P Petitioner,
FINDINGS AND RECOMMENDATIONS
v. JIM COOPER, Respondent. 16 Petitioner, who is proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s petition for a writ of habeas corpus, ECF No. 1. Rule 4 of the Federal Rules Governing Section 2254 Cases provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the instant case, it is plain that Petitioner is not entitled to federal habeas relief. Here, Petitioner commenced this action on a form for a petition under 28 U.S.C. § 2241. See ECF No. 1. In the petition, Petitioner states that he is a pre-trial detainee being held by “state authorities.” Id. at 1. Petitioner also states that he is…