Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENITO JULIAN LUNA, Case No. 2:24-cv-1686-JDP (P) Petitioner, v. ORDER B. PHILIPS, Respondent. 16 17 Petitioner, an inmate at Salinas Valley State Prison, brings this action under section 2254. ECF No. 1. He was sentenced in 2002, id. at 2, but brings claims related to his petition for resentencing under California Penal Code section 1170.95, id. at 20. Those claims, for the reasons stated below, do not raise a colorable federal habeas claim. I will dismiss the petition with leave to amend, so that petitioner may explain why this action should still proceed. I will grant his application to proceed in forma pauperis, ECF No. 5. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled…