Legal Opinion

(HC) Biagas v. State of California

District Court, E.D. California

Decided February 10, 2021No. 2:21-cv-00109Unknown

1Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCENT JAMES BIAGAS, SR., No. 2:21-cv-0109 CKD P 12 Petitioner, 13 v. ORDER AND 14 STATE OF CALIFORNIA, et al., FINDINGS AND RECOMMENDATIONS 15 Respondents. 16 17 Petitioner, a California prisoner, has filed a document titled “Petition for Writ of 18 Mandate.” He attacks his criminal conviction and sentence. When a state prisoner challenges the 19 legality of his custody and the relief he seeks is the determination of his entitlement to an earlier 20 or immediate release, his sole federal remedy is a…

2Cases cited2 opinions

  1. Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility SouthCourt of Appeals for the Ninth Circuit · 1991
  2. Preiser v. RodriguezSupreme Court of the United States · 1973

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