Eaton

(HC) Ellis v. Eaton

Good Law
United States District Court, Eastern District of CaliforniaApril 8, 20241:20-cv-00691California641 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMEAKA ELLIS, No. 1:20-cv-00691-KES-HBK (HC) Petitioner, ORDER DIRECTING RESPONDENT TO

SUBMIT SUPPLEMENTAL BRIEFING

v.

FOURTEEN-DAY DEADLINE

PATRICK EATON,

15 Respondent. 16 Petitioner Demeaka Ellis (“Petitioner”), a state prisoner, initiated this action by filing a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on April 30, 2020. (Doc. No. 1, “Petition”). The Petition asserts a single claim: “Petitioner was denied due process of law at a prison disciplinary hearing resulting in loss of liberty good time [credits].” (Id. At 4). Respondent filed an Answer on September 17, 2020, and Petitioner filed a Traverse on October 7, 2020. (Doc. Nos. 18, 20). Federal courts have an independent duty to consider their own subject-matter jurisdiction. Fed. Rule of Civ. P. 12(h)(3); United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 960, 967 (9th Cir. 2004). Under Article III, Section II of the Constitution, a federal…

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