Lafluer
Lafluer v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DEMENICO LAFLUER, Case No. 20-cv-08656-VC (PR) Petitioner,
ORDER OF DISMISSAL WITH
v. PREJUDICE
PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent. On December 28, 2020, Deminico Lafluer filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C § 2254. The petition indicated that Lafluer appeared to be out-of- custody when he filed it. On February 26, 2021, the court issued an order for clarification from Lafluer explaining that a federal court has jurisdiction only of habeas petitions filed when the person is “in custody” at the time the petition is filed—that is, incarcerated or under some restriction on freedom of movement as a result of court-ordered supervision. See 28 U.S.C. §§ 2241(c), 2254(a); Maleng v. Cook, 490 U.S. 488, 490-91 (1989) (a habeas petitioner must be in custody under the conviction or sentence under attack at the time the petition is filed). The order directed that Lafluer file a declaration, within 28 days of the order, explaining how he was in custody on December 8, 2020 and to submit with his declaration an exhibit or exhibits…