Turner v. Superior Court of Solano

United States District Court for the Northern District of California

Turner v. Superior Court of Solano

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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) 10 SUPERIOR COURT OF SOLANO 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. 10 IT IS SO ORDERED. 11 Dated: August 13, 2025 AA CHARLES R. BREYER 13 United States District Judge (14

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Reference

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