Lundgren

Lundgren v. Jusino

Good Law
United States District Court, Northern District of CaliforniaMay 17, 20233:23-cv-01388California457 words

Opinion

Trial Court Opinion

DISCUSSION

15 A. Standard of Review 16 This court may entertain a petition for a writ of habeas corpus in behalf of a person “in 17 custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 18 2241(c)(3). 19 It shall “award the writ or issue an order directing the respondent to show cause why the 20 writ should not be granted, unless it appears from the application that the applicant or person 21 detained is not entitled thereto.” Id. § 2243. 22 B. Claims 23 Petitioner seeks federal habeas relief based on her claim that a baseless disciplinary finding 24 of refusing to obey an order on October 11, 2022 wrongly renders her ineligible for earlier release 25 under FSA. Liberally construed, the claim appears arguably cognizable under § 2241 and merits 26 an answer from respondent. See Zichko v. Idaho, 247 F.3d 1015, 1020 (9th Cir. 2001) (federal 27 courts must construe pro se petitions for writs of habeas corpus liberally). CONCLUSION For the foregoing reasons and for good cause shown, 1. The clerk shall serve electronically a copy of this order upon the respondent and the 4 …

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