Bey v. Superior Court of Solano County
- William Orrick
- 3:23-cv-02826
- U.S. District Court · Northern District of California
- 1
In Bey v. Superior Court of Solano County, Judge Orrick dismissed El Dey Bey’s federal habeas petition challenging child custody because that remedy is unavailable.
El Dey Bey’s federal challenge to the Solano County child-custody determination was dismissed; the respondents received judgment in their favor.
What happened
In Bey v. Superior Court of Solano County, El Dey Bey filed a petition under a federal law allowing challenges to certain state-court custody or imprisonment decisions. He used it to challenge a child-custody determination by the Superior Court of Solano County.
The federal court said this type of federal petition cannot be used to challenge parental rights or child custody. It also said the Northern District of California was not the proper forum for challenging the Solano County court’s decision.
Judge Orrick dismissed the case, directed the clerk to enter judgment for the respondents, and ordered the file closed. The order said a state-court challenge should be filed in the appropriate state appellate court and that any non-habeas federal challenge, if available, should be filed in the Eastern District of California.
The detailed version
- Bey v. Superior Court of Solano County · No. 3:23-cv-02826
- William Orrick
- June 14, 2023
Background
El Dey Bey filed a petition under 28 U.S.C. § 2254, a federal law governing certain challenges to state-court custody or imprisonment. The petition challenged a child-custody determination made by the Superior Court of Solano County. The filing fee had been paid.
Court’s reasoning
The court held that federal habeas relief has never been available to challenge parental rights or child custody. It also stated that the Northern District of California was not the proper forum for challenging the Solano Superior Court’s decision. According to the order, a challenge to the state-court decision should be filed in the appropriate state appellate court. The order further stated that a non-habeas federal challenge, if one could be made, should be filed in the Eastern District of California, where the Solano Superior Court is located and where the events occurred.
Disposition
Judge William Orrick dismissed the habeas action. The clerk was directed to enter judgment in favor of the respondents and close the file. The opinion does not describe the dismissal as either with prejudice or without prejudice.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.