Farias v. Family Court Services Investigator

Filing 4

MEMORANDUM, OPINION and ORDER: This Petition for Writ of Habeas Corpus is DISMISSED for failure to state a claim; and The Clerk of Court is DIRECTED to CLOSE this case. Signed by Judge Oliver W. Wanger on 4/19/07. {CASE CLOSED}(Hellings, J)

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(HC) Farias v. Family Court Services Investigator Doc. 4 Case 1:07-cv-00521-OWW-WMW 1 2 3 4 5 6 7 Document 4 Filed 04/20/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 Petitioner is proceeding pro se in this petition for writ of habeas corpus pursuant to 22 22 U.S.C. Section 2254. 23 Relief by way of a petition for writ of habeas corpus extends to a person in custody 24 pursuant to the judgment of a state court if the custody is in violation of the Constitution or 25 laws or treaties of the United States. 28 U.S.C. 2254(a); 28 U.S.C. 2241(c)(3); Williams 26 v. Taylor, 120 S.Ct. 1495, 1504 fn.7 (2000). In this case, custody is not an issue. Rather, 27 Petitioner asserts that the state court wrongly deprived him of his right to guardianship of his 28 ) ) Petitioner, ) ) vs. ) ) ) FAMILY COURT SERVICES ) INVESTIGATOR, ) ) Respondent. ) ) ) ___________________________________ ) MANUEL ALCALA FARIAS, 1:07-cv-0521-OWW WMW HC MEMORANDUM OPINION AND ORDER RE PETITION FOR WRIT OF HABEAS CORPUS Dockets.Justia.com Case 1:07-cv-00521-OWW-WMW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Document 4 Filed 04/20/2007 Page 2 of 2 granddaughter. The court finds as a matter of law that this claim does not state a claim for which relief could be granted pursuant to 22 U.S.C. Section 2254. Accordingly, the court hereby orders as follows: 1) 2) This petition for writ of habeas corpus is DISMISSED for failure to state a claim; and The Clerk of the Court is directed to CLOSE this case.IT IS SO ORDERED. /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE Dated: April 19, 2007 emm0d6 2

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