Dunn

Dunn v. Pollard

Good Law
United States District Court, Southern District of CaliforniaSeptember 24, 20213:21-cv-01595California660 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONNELL ROBIN DUNN, Case No.: 3:21-01595-GPC-BLM

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE MARCUS POLLARD, Respondent. 16 Petitioner is a state prisoner in custody at R.J. Donovan state prison pursuant to a state court conviction. ECF No. 1. He has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 but has not paid the $5.00 filing fee and has not filed a motion to proceed in forma pauperis. Petitioner is seeking to have a federal detainer lifted because it prevents him from participating in various programs at the prison in which he is incarcerated. ECF No. 1 at 7. A 28 U.S.C. § 2241 petition is properly brought by a state prisoner when he is not in state custody pursuant to a state court conviction but rather is “in state custody for some other reason, such as pre-conviction custody, custody awaiting extradition, or other forms of custody that…

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