Eduardo Hernandez v. Kevin M. Lally et al

Filing 4

ORDER that the Petitioner brings this Petition for a Writ of Habeas Corpus to challenge a conviction. However, Petitioner has not yet been convicted. The Petition is therefore DENIED without prejudice as premature 1 . The court's order that Respondents file a return 2 is VACATED by Judge Dean D. Pregerson (Made JS-6. Case Terminated.) (lc) Modified on 4/13/2012 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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EDUARDO HERNANDEZ,

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Plaintiff,
v.

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KEVIN M. LALLY et al.,

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Defendants.
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Case No. CV 10-09714 DDP

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Petitioner brings this Petition for a Writ of Habeas

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Corpus to challenge a conviction.

(Pet. at 2).

However,

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Petitioner has not yet been convicted.

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therefore DENIED without prejudice as premature.

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court's order that Respondents file a return (Dkt. No. 2)

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is VACATED.

The Petition is
The

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IT IS SO ORDERED.
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Dated: April 13, 2012
DEAN D. PREGERSON
United States District Judge