(HC) Stuart v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY D. STUART, No. 2:24-cv-2057 CSK P Petitioner, v. ORDER & FINDINGS &

RECOMMENDATIONS

ROB ST. ANDRE, Respondent. 16 Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. For the following reasons, this Court recommends that this action be dismissed. Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts. In the petition, filed July 29, 2024, petitioner alleges that the trial court ordered petitioner to pay $16,069.45 in restitution, of…