Dyer
Dyer v. Pearce
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
JEWEL E. DYER,
Case No. 24-cv-01405-RS (PR) Petitioner, 11 v. ORDER OF DISMISSAL
TIMOTHY PEARCE,
13 Respondent.
15 INTRODUCTION This federal habeas petition, which was filed by a pretrial state detainee, is DISMISSED on grounds of abstention and for failure to state a claim for habeas relief. Petitioner’s motion for a preliminary injunction is DENIED and his motion to proceed in forma pauperis is GRANTED. STANDARD OF REVIEW The Court may entertain a petition for writ of habeas corpus from a person claiming to be “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c)(3). A district court considering an application for a writ of habeas corpus shall “award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person…