Warden
(HC) Bingaman v. Warden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 NOAH WAYNE BINGAMAN, No. 2:23-cv-01796-EFB (HC) Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
WARDEN, EL DORADO COUNTY JAIL Respondent. 15 Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2241. ECF No. 1. In addition, petitioner has filed a motion to proceed in forma pauperis (IFP). ECF No. 5. Examination of petitioner’s IFP application demonstrates that he is unable to afford the costs of suit. Therefore, the motion to proceed IFP is granted. See 28 U.S.C. § 1915(a). Petitioner, who appears to be a pretrial detainee, has properly brought this action pursuant to 28 U.S.C. § 2241. District courts have jurisdiction under section 2241 to consider habeas petitions brought by pretrial detainees. See McNeely v. Blanas, 336 F.3d 822, 824 & n.1 (9th Cir. 2001). A judge “entertaining an application for a writ of habeas corpus shall forthwith…