(HC) Herrera v. On Habeas Corpus

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHNNY Y. HERRERA, Case No. 1:24-cv-00879-CDB (HC)

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF HABEAS

v. CORPUS FOR FAILURE TO NAME THE

STATE OFFICER HAVING CUSTODY,

UNKNOWN, FAILURE TO EXHAUST STATE REMEDIES

AND FAILURE TO STATE A CLAIM

Respondent. (Doc. 1) 16 21-DAY DEADLINE 17 Clerk of the Court to Assign District Judge 18

Petitioner Johnny Y. Herrera (“Petitioner”) is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). The petition seeks review of a sentence imposed upon him in state court. Id. at 2. Petitioner claims his sentence should be reduced. Id. at 3-4, 7-8. For the reasons set forth below, the undersigned recommends that the petition be dismissed with leave to amend. Preliminary Screening Rule 4 of the Rules Governing § 2254 requires the Court to conduct a preliminary review of each petition for…