KITCHENS v. VOSS

Full title: WILLIAM JACKSON KITCHENS, Petitioner, v. THOMAS VOSS, Respondent

Court: United States District Court, E.D. California

Date published: Jan 17, 2008

1:06 CV 00541 WMW HC, [Doc. 6] (E.D. Cal. Jan. 17, 2008)

Opinion

1:06 CV 00541 WMW HC, [Doc. 6].

January 17, 2008

ORDER GRANTING PETITIONER'S MOTION FOR CORRECTION

WILLIAM WUNDERLICH, Magistrate Judge

Petitioner is a pretrial detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pursuant to Title 28 U.S.C. § 636(c)(1), the parties have consented to the jurisdiction of the United States Magistrate Judge.

Petitioner has filed a motion to correct this action to reflect that it proceeds pursuant to 28 U.S.C. Section 2241 rather than 28 U.S.C. Section 2254. Respondent filed a response, stating that he does not oppose this motion. Respondent notes that Petitioner is currently in the custody of the California Department of Mental Health as a result of a finding of probable cause pursuant to California Welfare and Institutions Code Section 6602 by the Fresno County Superior Court. Respondent states that proceedings to commit Petitioner as a sexually violent predator remaining pending in that court. Thus, Respondent explains, Petitioner's petition properly falls under Section 2241 rather than Section 2254. The court agrees. See McNeeley v. Blanas, 336 F.3d 824 n. 1 (9^th Cir. 2003) (claims of pretrial detainees fall under Section 2241).

Good cause appearing, Petitioner's request is HEREBY GRANTED. The Clerk of the Court is HEREBY DIRECTED to correct the docket of this case to reflect that it proceeds pursuant to 28 U.S.C. Section 2241.

IT IS SO ORDERED.