Taylor

(HC) Flores v. Taylor

Good Law
United States District Court, Eastern District of CaliforniaNovember 14, 20231:23-cv-01587California796 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

FELIX NACEDO FLORES, Case No. 1:23-cv-01587-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION TO

TAYLOR, Warden, DISMISS GROUNDS TWO AND THREE

Respondent. (21-DAY OBJECTION DEADLINE)

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner filed the instant petition in this Court on November 9, 2023. Upon review of the petition, the Court finds that Grounds Two and Three may not be raised in this petition and must be raised instead in a separate action. Therefore, the Court will recommend that Grounds Two and Three be DISMISSED without prejudice. DISCUSSION I. Preliminary Screening of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled…

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