Jones

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STERLING SAMM, No. 2:24-cv-1987 DJC CSK P Petitioner, v. ORDER GENA JONES, Respondent. 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis. This action was referred to this Court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On October 10, 2024, respondent filed a motion to dismiss this action on the grounds that the habeas petition fails to state a viable claim for relief arguing petitioner’s claims are unintelligible. (ECF No. 10.) On October 30, 2024, petitioner filed a motion to amend, but did not file an opposition to the motion to dismiss. Respondent did not file an opposition to the motion to amend. As discussed below, respondent’s motion to dismiss is granted, petitioner’s motion to amend is granted, and petitioner’s first amended petition is dismissed with leave to file a second amended petition. I. SECTION 2254 PETITION Petitioner sets forth three grounds for…