Dilnessa
Dilnessa v. Butte County Sheriff's Department
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AYALNEH DILNESSA, Case No. 23-cv-00885-TLT
Plaintiff,
ORDER OF DISMISSAL
v.
BUTTE COUNTY SHERIFF'S
DEPARTMENT,
11 Defendant.
12 INTRODUCTION This is a habeas case filed pro se by a petitioner who is confined at Napa State Hospital, apparently as a pretrial detainee for restoration of competency. His motion for leave to proceed in forma pauperis (ECF 2) is GRANTED. For the reasons stated below, the petition will be dismissed. BACKGROUND According to petitioner’s previously filed petition in this Court, he is awaiting trial on charges of assault with a deadly weapon and was sent to Napa State Hospital pursuant to California Penal Code section 1370, which requires that a trial be suspended if a person is found mentally incompetent to stand trial. See Case No. 23-cv-00784-TLT, ECF 1 at 2; Cal. Penal Code § 1370(a)(B). DISCUSSION A. Standard of Review …