Khouanmany

Khouanmany v. Carvajal

Good Law
United States District Court, Northern District of CaliforniaMay 28, 20215:20-cv-02858California7,700 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

VILAYCHITH KHOUANMANY, Case No. 20-CV-02858-LHK

Petitioner,

ORDER REOPENING ACTION;

GRANTING APPLICATION TO

v.

PROCEED IN FORMA PAUPERIS;

DISMISSING PETITION WITH LEAVE

MICHAEL CARVAJAL, TO AMEND AS TO ONE CLAIM AND

WITHOUT LEAVE TO AMEND AS TO

Respondent.

FOUR CLAIMS

Petitioner, a prisoner at the Federal Correctional Institution in Dublin, California (“FCI Dublin”) filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Petition”). Dkt. No. 1. The Petition was dismissed without prejudice on June 22, 2020. See Dkt. No. 10. The Court reopens the instant action in compliance with an order from the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”). See Dkt. No. 26, Khouanmany v. Caraval, Appeal No. 20-16352 (9th Cir. May 19, 2021) (“Ninth Circuit Order”). For the reasons stated below, the Court dismisses the Petition with leave to amend as to one of…

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