Puckett
Puckett v. The People
Opinion
trial_court Opinion
1 2 3 4 5
IN THE UNITED STATES DISTRICT COURT
6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 KYLE PUCKETT, No. C 19-5865 WHA (PR) 10 Petitioner, ORDER OF DISMISSAL 11 v. 12 PEOPLE OF THE STATE OF
CALIFORNIA,
13 Respondents 14 / 15 Petitioner is currently facing criminal proceedings in San Francisco County Superior 16 Court. He filed a petition for a writ of habeas corpus and motions for injunctive relief arguing 17 that his constitutional rights to due process, to a speedy trial, to a fair prosecutor, and to 18 effective representation by counsel are being violated. He seeks to “freeze” the criminal 19 proceedings, remove the prosecutor and judge, and to be released from custody. 20 A federal court has authority to entertain a petition for a writ of habeas corpus by a 21 person in custody, but not yet convicted or sentenced. McNeely v. Blanas, 336 F.3d 822, 824 22 n.1 (9th Cir. 2003). Such a person brings his petition under 28 U.S.C. § 2241(c)(3). Ibid. 23 The petition must be dismissed and the motions for injunctive relief must be denied 24…