Hixon

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MELVIN JOHN GRIGSBY, Case No. 2:24-cv-2488-JDP (P) Petitioner, v. ORDER KEVIN HIXON, Respondent. 16 17 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. The petition does not, as articulated, assert a viable federal habeas claim. I will dismiss the current petition and give petitioner an opportunity to amend and to explain why this action should proceed. I will grant petitioner’s 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 to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Petitioner argues that he is subject…