Bey v. Superior Court of Solano County

United States District Court for the Northern District of California

Bey v. Superior Court of Solano County

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 EL DEY BEY, Case No. 23-cv-02826-WHO (PR) : co V. ORDER OF DISMISSAL

7 SUPERIOR COURT OF SOLANO COUNTY, et al., 8 Respondents. 9 10 Petitioner El Dey Bey has filed a habeas petition under

28 U.S.C. § 2254

in which 11 || he challenges a child custody determination made by the Superior Court of Solano County. 12 || (Pet., Dkt. No. 1 at 7-9.) This habeas action is DISMISSED because “federal habeas has 5 13 || never been available to challenge parental rights or child custody.” Lehman v. Lycoming S 14 || County Children’s Services Agency,

458 U.S. 502, 511

(1982). Furthermore, this Court is 3 15 || not the proper forum to challenge a state court decision by the Solano Superior Court. A a 16 || state court challenge should be filed in the appropriate state appellate court. A federal non-

= 17 habeas challenge, if one can be made, should be filed in the Eastern District, wherein the 18 || Solano Superior Court lies and where the events giving rise to this action occurred. 19 The filing fee has been paid. (Dkt. No. 1.) 20 The Clerk shall enter judgment in favor of respondents, and close the file. 21 IT IS SO ORDERED. 22 || Dated: June 14, 2023 M.Qe 23 H. IC 24 United States District Judge 25 26 27 28

Reference

Status
Unknown