(HC) Shelton v. USDC Northern Alabama ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DWIGHT R. SHELTON, JR., No. 2:21-cv-2113-EFB P 12 Petitioner, 13 v. ORDER 14 USDC NORTHERN ALABAMA, 15 Respondent. 16 17 Petitioner is a federal prisoner proceeding without counsel in this petition for writ of 18 habeas corpus brought under 28 U.S.C. § 2241. ECF No. 1. 19 Petitioner is confined in Folsom State Prison. ECF No. 1 at 1. He is currently serving a 20 state sentence of 25-years-to-life plus four years and four months. Id. While petitioner provides 21 scant context, he was apparently convicted of violating federal law, possibly at or near the same 22 time that he was convicted by the state. He alleges that he was sentenced by the U.S. District 23 Court for the Northern District of Alabama on May 17, 2011 to a term of 17 months to be served 24 concurrently with his state sentence and to a term of 12 months to be served consecutively to the 25 state sentence. Id. According to petitioner, the district court failed to credit his federal sentence 26 with approximately 270 days1 that he spent in pretrial custody. 27 1 Petitioner is not clear on the precise number of days of custody credit he believes he is 28 entitled to. ECF No. 1 at 8 (270 days), 4 & 5 (272 days), and 2 & 7-8 (277 days). 1 United States District Courts have authority under 28 U.S.C. § 2241 to grant petitions for 2 || writ of habeas corpus to federal prisoners “in custody in violation of the Constitution or laws or 3 || treaties of the United States.” 28 U.S.C. § 2241(c). The court should award the writ or issue an 4 | order to the respondent to show cause why the writ should not be granted “unless it appears from 5 || the application that the applicant or person detained is not entitled” to relief. 28 U.S.C. § 2243. 6 || If it appears that the petitioner is not entitled to relief, the court may dismiss the petition. Ruby v. 7 || United States, 341 F.2d 585, 586-87 (9th Cir. 1965). 8 It does not appear from the petition that petitioner is not entitled to relief. Accordingly, it 9 || is hereby ORDERED that: 10 1. Respondent shall file a response to the petition within 30 days from the date of this 11 order. An answer shall be accompanied by all transcripts and other documents 12 relevant to the issues presented in the petition. 13 2. Ifthe response to the petition is an answer, petitioner’s reply, if any, shall be filed and 14 served within 30 days of service of the answer. 15 3. Ifthe response to the petition is a motion, petitioner’s opposition or statement of non- 16 opposition to the motion shall be filed and served within 30 days of service of the 17 motion. Respondent’s reply, if any, shall be served within 15 days of service of the 18 opposition. 19 4. The Clerk of Court shall serve a copy of this order, together with a copy of the petition 20 (ECF No. 1) on the United States Attorney. 21 So ordered. 22 | DATED: January 14, 2022. Boat, □ See i “2 3 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28