(HC) Morris v. Sierra County Clerks Office

Good Law
United States District Court, Eastern District of CaliforniaNovember 20, 20242:24-cv-01905California639 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRUCE WAYNE MORRIS Case No. 2:24-cv-1905-JDP (P) Petitioner, v. ORDER SIERRA COUNTY CLERKS OFFICE

AND MEGAN’S LAW LIST,

15 Respondents.

17 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. The petition is deficient because it does not identify any cognizable federal habeas claim, it appears to be both unexhausted and untimely. I will dismiss the current petition and give petitioner an opportunity to amend and to explain why this action should proceed. I will also grant petitioner’s second application to proceed in forma pauperis, ECF No. 6, and deny his first, ECF No. 2, as moot. 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 to relief. See Valdez v.…

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