The following excerpt is from Munoz v. Madden, Case No.: 16cv2447 CAB (NLS) (S.D. Cal. 2017):
The district judge already examined this claim for misapplication of the "constructive possession" regulation when reviewing Respondent's previously-filed motion to dismiss. While the district judge ultimately denied the motion to dismiss for failure to state a claim, she found that "to the extent the Petition claims a violation of state law [regarding "constructive possession"], there is no federal claim. Estelle v. McGuire, 502 U.S. 62, 67-68 (1991)." May 5, 2017 Order, p.2.
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