Dilnessa

Dilnessa v. Department of State Hospitals

Good Law
United States District Court, Northern District of CaliforniaJuly 6, 20233:23-cv-00784California807 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AYALNEH DILNESSA, Case No. 23-cv-00784-TLT

Plaintiff,

ORDER OF DISMISSAL

v.

DEPARTMENT OF STATE HOSPITALS, et al., 11 Defendants.

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 5) is GRANTED. For the reasons stated below, the petition will be dismissed. BACKGROUND According to the petition, petitioner 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. ECF 1 at 2; Cal. Penal Code § 1370(a)(B). Petitioner states he was detained in the Butte County jail on October 21, 2022, and taken to Napa State Hospital on January 17, 2023. ECF 1 at 2.…

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