Schultz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STEPHEN FEGAN, Case No. 1:24-cv-01250-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION

RECOMMENDING DISMISSAL OF

v. PETITION FOR WRIT OF HABEAS

CORPUS

SCHULTZ, et al.,

ORDER DIRECTING CLERK OF COURT

Respondents. TO RANDOMLY ASSIGN DISTRICT

JUDGE

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION 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, 28 U.S.C. foll. § 2254. A federal court must dismiss a second or successive petition…