California Case Summaries

Daniel Herrera Luna v. D. Marin, et al. — Federal Habeas Petition Denied and Action Dismissed Without Prejudice

Unreported / Non-Citable

Case
Daniel Herrera Luna v. D. Marin, et al.
Court
U.S. District Court — Central District of California
Judge
Fernando M. Olguin
Date decided
2026-11-03
Docket No.
5:26-cv-05135
Topics
habeas corpus, 28 U.S.C. § 2241, dismissal without prejudice, certificate of appealability, magistrate judge findings and recommendations

Disposition notice

On November 3, 2026, Judge Fernando M. Olguin of the U.S. District Court for the Central District of California, Eastern Division, entered judgment denying Daniel Herrera Luna's petition for a writ of habeas corpus and dismissing the action without prejudice. The one-page judgment states it was issued pursuant to the court's order regarding the magistrate judge's findings and recommendations, but it contains no independent reasoning. Because the case arose under 28 U.S.C. § 2241 and did not attack a state court detention, the court ruled that no certificate of appealability was required, citing 28 U.S.C. § 2253(c)(1) and Harrison v. Ollison, 519 F.3d 952, 958 (9th Cir. 2008).

Read the public order

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