(HC) Farias v. Family Court Services Investigator Doc.

Case 1:07-cv-00521-OWW-WMW Document 4 Filed 04/20/2007 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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12 MANUEL ALCALA FARIAS, ) 1:07-cv-0521-OWW WMW HC
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13 Petitioner, ) MEMORANDUM OPINION
) AND ORDER RE PETITION
14 vs. ) FOR WRIT OF HABEAS
) CORPUS
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FAMILY COURT SERVICES )
16 INVESTIGATOR, )
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17 Respondent. )
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___________________________________ )
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Petitioner is proceeding pro se in this petition for writ of habeas corpus pursuant to 22
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U.S.C. Section 2254.
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Relief by way of a petition for writ of habeas corpus extends to a person in custody
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pursuant to the judgment of a state court if the custody is in violation of the Constitution or
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laws or treaties of the United States. 28 U.S.C. § 2254(a); 28 U.S.C. § 2241(c)(3); Williams
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v. Taylor, 120 S.Ct. 1495, 1504 fn.7 (2000). In this case, custody is not an issue. Rather,
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Petitioner asserts that the state court wrongly deprived him of his right to guardianship of his
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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 /s/ Oliver W. Wanger
emm0d6 UNITED STATES DISTRICT JUDGE
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