Fritz
Fritz v. Gore
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHRISTIAN FRITZ, Case No.: 21-cv-00510-BAS (MDD) 11 Petitioner,
ORDER DISMISING CASE
12 v. WITHOUT PREJUDICE 13 GORE, et al., Respondents. 15 Petitioner, who is currently detained at the San Diego County Jail and is proceeding pro se, has filed a Petition for a Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254 and has paid the $5.00 filing fee. (ECF No. 1.) For the reasons stated below, Petitioner’s action is DISMISSED WITHOUT PREJUDICE. I. FAILURE TO STATE A COGNIZABLE FEDERAL CLAIM UNDER § 2254 Petitioner has failed to allege that his state court conviction or sentence violates the Constitution of the United States, as required by Rule 4 of the rules governing § 2254 cases. Section 2254(a) sets forth the following scope of review for federal habeas corpus claims: The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person…