Pfeifer
(HC) Harris v. Pfeifer
United States District Court, Eastern District of CaliforniaMay 22, 20241:24-cv-00361California1,469 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ERNEST HARRIS, Case No. 1:24-cv-00361-EPG-HC
Petitioner, FINDINGS AND RECOMMENDATION TO
DISMISS PETITION FOR WRIT OF
v. HABEAS CORPUS WITHOUT PREJUDICE
AND DENY PETITIONER’S MOTION FOR
C. PFEIFER, et al.,
EMERGENCY INJUNCTION
Respondents.
ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition is unexhausted, the undersigned recommends that the petition be dismissed without prejudice and the motion for emergency injunction be denied. I. BACKGROUND On March 28, 2024, Petitioner filed the instant petition for writ of habeas corpus challenging a loss of ninety days of credit along with other presentence credit calculations. (ECF No. 1.) On April 10, 2024, the Court ordered Petitioner to show cause why…