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
U.S . District C ourt
E. D . C alifornia
cd
1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FREDERICK D. BENNETT, SR.,
)
)
Petitioner,
)
)
)
v.
)
)
)
D. G. ADAMS, Warden, et al.,
)
)
Respondents.
)
____________________________________)
CV F 05 0924 REC LJO HC
ORDER TO SHOW CAUSE WHY THE
PETITION SHOULD NOT BE DISMISSED
FOR PETITIONER’S FAILURE TO
EXHAUST STATE REMEDIES
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. This action has been referred to this Court pursuant to 28
U.S.C. § 636(b)(1) and Local Rule 72-302.
On July 19, 2005, Petitioner filed a petition for writ of habeas corpus in this Court. In his
petition, Petitioner raises four grounds for relief: 1) “Continuing collateral consequences now stem
from department being in contempt of force of Superior Court ruling to return credit for invalidated
periods of confinements since 9/22/98 to 10/12/99”; 2) “Continuing collateral effects now cause
Petitioner to be placed in wrong custody level in prison and continued parole custody unlawfully,
denying him equal protection of the law; 14th Amd.”; 3) “Petitioner, who is not a lifer, is in constant
Case 1:05-cv-00924-REC-LJO Document 5 Filed 07/22/2005 Page 1 of 4
(HC) Bennett v. CDC, et al
Doc. 5
Dockets.Justia.com
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
U.S . District C ourt
E. D . C alifornia
cd
2
threat of life and limb by placement in Level IV prisons and arbitrary placement in administrative
segregation , when he is a Level II prisoner; Title 15 § 3375(f)(1); Sandin v.Connor, 515 U.S. 472,
486”; and 4) “Review is proper under Carafas v. LaVallee, (___ U.S. ___), as all manner of
reincarceration, parole and police contact, will be effected by the erroneous custody level, prison
number and improper calculation methods assessed Petitioner, and Respondent’s refusal to give him
computation