Ferguson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NICHOLAS FERGUSON, Case No.: 03:23-cv-0498-RBM-BLM #24645298

ORDER DISMISSING PETITION

Petitioner, FOR WRIT OF HABEAS CORPUS v.

E. NOONAN, Warden,

15 Respondent. 16

On Mach 17, 2023, Petitioner Nicholas Ferguson (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”). (Doc. 1.) Petitioner raises two grounds for relief: (1) Eighth Amendment right to be free from cruel and unusual punishment, and (2) “[d]enied rights to medical treatment.” (Doc. 1 at 6.) Under both grounds for relief, Petitioner contends the doctors and administrative staff at Western Region Detention Facility – San Diego (“WRDF”) denied Petitioner “previously prescribed chronos and medication.” (Id.) For the reasons discussed below, the Court DISMISSES the Petition without prejudice. I. LEGAL STANDARD Under Rule 4 of the Rules Governing Section 2254 Cases, if it plainly appears from the petition and any attached exhibits that…