Eaton
(HC) Ellis v. Eaton
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMEAKA ELLIS, No. 1:20-cv-00691-KES-HBK (HC) 12 Petitioner, ORDER DIRECTING RESPONDENT TO
SUBMIT SUPPLEMENTAL BRIEFING
13 v.
FOURTEEN-DAY DEADLINE
14
PATRICK EATON,
15 Respondent. 16 17 Petitioner Demeaka Ellis (“Petitioner”), a state prisoner, initiated this action by filing a 18 pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on April 30, 2020. (Doc. No. 1, 19 “Petition”). The Petition asserts a single claim: “Petitioner was denied due process of law at a 20 prison disciplinary hearing resulting in loss of liberty good time [credits].” (Id. At 4). 21 Respondent filed an Answer on September 17, 2020, and Petitioner filed a Traverse on October 7, 22 2020. (Doc. Nos. 18, 20). 23 Federal courts have an independent duty to consider their own subject-matter jurisdiction. 24 Fed. Rule of Civ. P. 12(h)(3); United Investors Life Ins. Co. v. Waddell & Reed, Inc., 360 F.3d 25 960, 967 (9th Cir. 2004). Under Article III, Section II of the Constitution, a federal…