Turner v. Superior Court of Solano

N.D. California

Turner v. Superior Court of Solano

District Court, N.D. California·Decided August 13, 2025·No. 3:25-cv-02584·Unknown

Opinion

1 2 3 6 7 ANTHONY R. TURNER, 103312, Case No. 25-cv-02584-CRB (PR)

8 Petitioner, ORDER OF DISMISSAL WITHOUT PREJUDICE 9 v. (ECF Nos. 5 & 7) COUNTY, et al., 11 Respondent(s). 12 I. 13 Petitioner, a pretrial detainee at the Solano County Jail facing state criminal charges in 14 Solano County Superior Court, has filed a pro se petition for a writ of habeas corpus under 28 15 U.S.C. § 2254 challenging his pretrial detention and alleging various wrongdoing by state and 16 local officials in connection with his arrest and detention. 17 Petitioner moves for leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 18 (ECF No. 5) which, based solely on his affidavit of poverty, is GRANTED. 19 II. 20 Petitioner may challenge his pretrial detention on pending state criminal charges in Solano 21 County Superior Court by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241. 22 But the § 2241 petition must be brought in the United States District Court for the Eastern District 23 of California in whose venue Solano County lies. See 28 U.S.C. § 84(b).1 24 And to the extent petitioner seeks to pursue a claim or claims for damages for wrongdoing 25 by state and/or local officials in connection with his arrest and detention, he must do so by filing a 26

27 1 A petition for a writ of habeas corpus under § 2254 challenging an actual conviction or 1 separate civil rights action under 42 U.S.C. § 1983. See Nettles v. Grounds, 830 F.3d 922, 931 2 || (9th Cir. 2016) (en banc) (only claim whose success would release claimant from confinement or 3 shorten its duration may be brought in habeas corpus). 4 ll. 5 For the foregoing reasons, the petition for a writ of habeas corpus under § 2254 is 6 || DISMISED without prejudice to filing a § 2241 (or § 2254) petition in the Eastern District of 7 || California and/or a separate civil rights action or actions under § 1983. 8 The clerk is directed to close this case and to terminate all pending motions (see ECF Nos. 9 || 5 & 7) as moot. 11 Dated: August 13, 2025 AA CHARLES R. BREYER 13 United States District Judge (14

15 16

Z 18 19 20 21 22 23 24 25 26 27 28

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 6 7 ANTHONY R. TURNER, 103312, Case No. 25-cv-02584-CRB (PR)

8 Petitioner, ORDER OF DISMISSAL WITHOUT PREJUDICE 9 v. (ECF Nos. 5 & 7) COUNTY, et al., 11 Respondent(s). 12 I. 13 Petitioner, a pretrial detainee at the Solano County Jail facing state criminal charges in 14 Solano County Superior Court, has filed a pro se petition for a writ of habeas corpus under 28 15 U.S.C. § 2254 challenging his pretrial detention and alleging various wrongdoing by state and 16 local officials in connection with his arrest and detention. 17 Petitioner moves for leave to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915 18 (ECF No. 5) which, based solely on his affidavit of poverty, is GRANTED. 19 II. 20 Petitioner may challenge his pretrial detention on pending state criminal charges in Solano 21 County Superior Court by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241. 22 But the § 2241 petition must be brought in the United States District Court for the Eastern District 23 of California in whose venue Solano County lies. See 28 U.S.C. § 84(b).1 24 And to the extent petitioner seeks to pursue a claim or claims for damages for wrongdoing 25 by state and/or local officials in connection with his arrest and detention, he must do so by filing a 26

27 1 A petition for a writ of habeas corpus under § 2254 challenging an actual conviction or 1 separate civil rights action under 42 U.S.C. § 1983. See Nettles v. Grounds, 830 F.3d 922, 931 2 || (9th Cir. 2016) (en banc) (only claim whose success would release claimant from confinement or 3 shorten its duration may be brought in habeas corpus). 4 ll. 5 For the foregoing reasons, the petition for a writ of habeas corpus under § 2254 is 6 || DISMISED without prejudice to filing a § 2241 (or § 2254) petition in the Eastern District of 7 || California and/or a separate civil rights action or actions under § 1983. 8 The clerk is directed to close this case and to terminate all pending motions (see ECF Nos. 9 || 5 & 7) as moot. 11 Dated: August 13, 2025 AA CHARLES R. BREYER 13 United States District Judge (14

15 16

Z 18 19 20 21 22 23 24 25 26 27 28

Turner v. Superior Court of Solano, (N.D. Cal. 2025).

Pincite

Turner v. Superior Court of Solano (Turner v. Superior Court of Solano) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related