Warden

(HC) Bailey v. Warden

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20242:23-cv-01087California797 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT EUGENE BAILEY, No. 2:23-cv-01087-EFB (HC) Petitioner, v. ORDER WARDEN, FCI HERLONG, Respondent. 16 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. The court has reviewed the petition and finds that the petition must be dismissed with leave to amend. I. Background Petitioner is confined in federal prison at FCI Herlong. ECF No. 1. He alleges that he should be resentenced because, under cases from the Eleventh and Fourth Circuits dating from after his sentencing, he is no longer subject to a career offender enhancement. Id. II. The Petition A. Screening Standards for § 2241 Petitions United States District Courts have authority under 28 U.S.C. § 2241 to grant petitions for writ of habeas corpus to federal prisoners “in custody in violation of the Constitution or laws or treaties of the…

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