Civil Procedure

The Ninth Circuit vacated a certificate of appealability because its certified question presented no constitutional issue and could provide no effectual relief, declined to expand it to the Double Jeopardy claim, and dismissed the appeal for lack of jurisdiction.

A magistrate judge recommended dismissing Luis Alberto Alarcon Nava’s habeas petition because it was an unauthorized successive challenge to his 2012 Kern County judgment and its Racial Justice Act and related counsel claims did not state cognizable grounds for federal habeas relief.

A magistrate judge recommended dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction because his challenge to a 307-day SHU placement would not necessarily lead to immediate or earlier release, so his claims belong, if at all, in a § 1983 action.

A magistrate judge in the Eastern District of California recommended dismissing a federal prisoner’s pro se § 2241 habeas petition because his claims about a denied medical device and inadequate care challenge the conditions of his confinement, not the fact or duration of it, and declined to c

A federal magistrate judge ordered a state prisoner to show cause within thirty days why his habeas corpus petition should not be dismissed for failure to exhaust state remedies: the petition showed no indication that the due process claim was presented to the California Supreme Court, and stated th

A federal magistrate judge recommended dismissing a California habeas petition seeking First Step Act earned time credits because the petitioner had been released from Bureau of Prisons custody and the court could no longer provide the requested relief.

A magistrate judge recommended dismissal without prejudice under Younger v. Harris because the relief sought by state detainee Derek Howard Burr would interfere with his pending prosecution. The judge separately discussed the apparent lack of exhaustion.

A magistrate judge recommended dismissing a pro se state prisoner’s § 2254 petition because it attacks the outcome of a prior § 1983 data-breach lawsuit rather than the constitutionality of his custody.

A magistrate judge recommends dismissing a federal prisoner’s § 2241 petition for lack of jurisdiction, concluding that the savings clause of § 2255(e) does not allow a prisoner to use an intervening change in career-offender guideline interpretation to bypass AEDPA’s restrictions on sec

The district court left its adoption of the magistrate judge’s recommendation and dismissal of Mitchell Pyles’s § 2254 petition without prejudice in effect, overruled objections drawn from three later motions, and denied those motions.

The court dismissed a pro se prisoner’s § 1983 action with prejudice after multiple opportunities to amend failed to cure deficiencies in his First Amendment retaliation and due process claims against a correctional officer.

The court grants the pro se petitioner’s IFP application but orders her to show cause by November 30, 2026 why her § 2241 petition challenging an ongoing state criminal prosecution should not be dismissed for failure to establish the custody requirement and because Younger abstention and exhau