(HC) Farias v. Family Court Services Investigator, No. 1:2007cv00521 - Document 4 (E.D. Cal. 2007)

Court Description: 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)

Download PDF
(HC) Farias v. Family Court Services Investigator Case 1:07-cv-00521-OWW-WMW Doc. 4 Document 4 Filed 04/20/2007 Page 1 of 2 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 ) ) 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 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 Dockets.Justia.com Case 1:07-cv-00521-OWW-WMW Document 4 Filed 04/20/2007 Page 2 of 2 1 granddaughter. The court finds as a matter of law that this claim does not state a claim for 2 which relief could be granted pursuant to 22 U.S.C. Section 2254. Accordingly, the court 3 hereby orders as follows: 4 1) This petition for writ of habeas corpus is DISMISSED for failure to state a claim; and 5 2) The Clerk of the Court is directed to CLOSE this case.IT IS SO ORDERED. 6 Dated: April 19, 2007 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.