Carter
Carter v. Gore
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LEVANDIS CARTER, Jr., Case No.: 3:21-cv-414-JLS-AHG
Petitioner,
ORDER DISMISSING CASE
v. WITHOUT PREJUDICE WILLLIAM GORE, et al., Respondents. 16 Petitioner Levandis Carter Jr., proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). He has paid the $5.00 filing fee. BASIS FOR PETITION It appears from the Petition that Petitioner is currently in custody in the San Diego County Jail awaiting trial. (Id. at 1; see also San Diego Sherriff Who’s in Jail, San Diego County Sheriff’s Department, https://apps.sdsheriff.net/wij/wij.aspx (last visited March 18, 2021).) Thus, 28 U.S.C. § 2241, and not 28 U.S.C. § 2254, is the proper vehicle for Petitioner to challenge his detention because Petitioner is not currently in custody pursuant to a state court judgment. As the Ninth Circuit has stated: Section …