What is the legal test for a writ of habeas corpus?
The following excerpt is from Heard v. Superior Court, No. 2:20-cv-01589-KJM-CKD (E.D. Cal. 2020):
Plaintiff has filed a 1983 action seeking his immediate release from custody. However, when a state prisoner challenges the legality of his custody and the relief he seeks is the determination of his entitlement to an earlier or immediate release, his sole federal remedy is a writ of habeas corpus pursuant to 28 U.S.C. 2254. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). A federal habeas corpus action is only available if plaintiff has been convicted and has exhausted his state court remedies. See 28 U.S.C. 2254(b)(1)(A).
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