Garrett

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FLOYD LINTELLI GARRETT, Case No.: 20cv0936 GPC (KSC)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE SAN DIEGO COUNTY SHERIFF WILLIAM H. GORE, et al., 15 Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. He has paid the $5.00 filing fee. (ECF No. 3.) Because Petitioner is in custody in the San Diego County Jail awaiting trial, 28 U.S.C. § 2241, and not 28 U.S.C. § 2254, is the proper vehicle to challenge his detention. While Petitioner alleges he is being held in custody in violation of the United States Constitution, he is not currently in custody pursuant to a judgment of a state court. As the Ninth Circuit has stated: Section 2254 is properly understood as “in effect implement[ing] the general grant of habeas corpus authority found in § 2241 as long as the 26 person is in custody pursuant to the judgment of a state…