Jellison

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN S. JELLISON, Case No. 23-cv-00009-HSG

Plaintiff, ORDER OF DISMISSAL WITH LEAVE

TO AMEND

v. Re: Dkt. No. 9 SACRAMENTO COUNTY SHERIFFS OFFICE, et al., 11 Defendants. 12 Petitioner Kevin S. Jellison has filed this pro se petition for a writ of habeas corpus. The amended petition is before the Court for screening. DISCUSSION A. Standard of Review 28 U.S.C. § 2254 provides that this court may entertain a petition for writ of habeas corpus “in behalf of a person in custody pursuant to the judgment of a state court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). 28 U.S.C. § 2241(c) is the proper basis for a habeas petition by a person in state custody who is not held pursuant to the judgment of a State court. See, e.g., Dominguez v. Kernan, 906 F.3d 1127, 1138 (9th Cir. 2018)…