Castellanos

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EZYKEL AUDINETTE, No. 2:24-cv-3169 AC P Petitioner, v. ORDER AND CASTELLANOS, et al., FINDINGS AND RECOMMNEDATION Respondent. 16 Petitioner is a state prisoner proceeding without an attorney, who has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 1, and requests to proceed in forma pauperis, ECF No. 6. This matter is before the court for preliminary review under Rule 4 of the Rules Governing 2254 Cases. I. Screening Standard In screening the habeas petition, the court applies the Rule 4 framework of the Rules Governing Section 2254 Cases in the United States District Courts. Under Rule 4’s standard, if it plainly appears from the petition, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief, then the district court is authorized to summarily dismiss a habeas petition. Neiss v. Bludworth, 114 F.4th 1038, 1044…