Hernandez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SAUL HERNANDEZ, Case No.: 21cv1180 CAB (NLS)

Petitioner,

ORDER DISMISING CASE

v. WITHOUT PREJUDICE WILLIAM GORE, et al., Respondents. 16 Petitioner, who is currently detained at the George F. Bailey Detention Facility and is proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and has paid the $5.00 filing fee. (ECF Nos. 1, 1-2.) For the reasons discussed below, the instant habeas action is DISMISSED without prejudice. FAILURE TO STATE A COGNIZABLE FEDERAL CLAIM The Petition is first subject to dismissal because Petitioner has failed to allege that his state court conviction or sentence violates the Constitution of the United States. Title 28, United States Code, § 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…