Edward Harry Constable v. United States District Court

Summary

The United States District Court for the Eastern District of California grants petitioner Edward Harry Constable’s application to proceed in forma pauperis. The magistrate judge recommends dismissal without prejudice of his 28 U.S.C. § 2254 petition challenging his California credit-earning rate because the claim presents an issue of state law and is unexhausted. The order directs random assignment of a district judge and permits objections to the findings and recommendations.

Holdings

1. A claim challenging only the interpretation or application of California sentencing or credit-earning laws does not present a ground for relief cognizable in federal habeas under 28 U.S.C. § 2254.
2. A § 2254 petition must be dismissed without prejudice when the petitioner has not fairly presented the asserted federal claims to the highest available state court.
3. Petitioner was entitled to proceed in forma pauperis because the application showed that he could not afford the costs of suit.

Questions Presented

1. Whether the petition stated a claim cognizable under federal habeas jurisdiction when it challenged the interpretation or application of California sentencing and credit-earning laws.
2. Whether the petition should be dismissed for failure to exhaust available state remedies.
3. Whether petitioner should be granted leave to proceed in forma pauperis.

Disposition

dismissed