Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAJKO BARBIR, Case No. 2:24-cv-2284-JDP (P) Petitioner, v. ORDER PATRICK COVELLO, Respondent. 16 17 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. The petition cannot proceed past screening because it appears untimely. I will dismiss the current petition and give petitioner an opportunity to amend and explain why this action should proceed. I will also deny petitioner’s application to proceed in forma pauperis, ECF No. 5, as moot, because he has paid the filing fee. 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. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir.…