Parker

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LISA MARIE PEREZ, No. 2:24-cv-3469-CKD P Petitioner, v. ORDER AND LAVELLE PARKER, FINDINGS AND RECOMMENDATIONS Respondent.

17 Petitioner, a state prisoner, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 and a motion to proceed in forma pauperis. (ECF Nos. 1, 2.) Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). However, the petition should be summarily dismissed because the court lacks jurisdiction over petitioner’s claim for resentencing and release under state law. 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…