The following excerpt is from Phillips v. Davey, Case No. 1:14-cv-01068-LJO-SAB-HC (E.D. Cal. 2015):
Relief by way of a petition for writ of habeas corpus extends to a person in custody pursuant to the judgment of a state court if the custody is in violation of the Constitution or laws or treaties of the United States. See 28 U.S.C. 2254(a); 28 U.S.C. 2241(c)(3); Williams v. Taylor, 529 U.S. 362, 375 (2000). Section 2241(c)(3) of Title 28 of the United States Code is the proper statutory authority for habeas petitions who are in custody in violation of the Constitution or laws or treaties of the United States, but the petitioner is not in custody pursuant to a state court judgment of conviction. Petitioner asserts that he suffered violations of his rights as guaranteed by the United States Constitution.
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