Helena

(HC) Seay v. Helena

Good Law
United States District Court, Eastern District of CaliforniaApril 30, 20252:25-cv-00503California513 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD L. SEAY, Case No. 2:25-cv-0503-DJC-JDP (P) Petitioner, v. ORDER G. HELENA AND STEPHEN WHITE, Respondents. 16 17 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. The petition fails to present a viable federal habeas claim, however. I will dismiss the current petition and give petitioner an opportunity to amend and explain why this action should proceed. I will also grant petitioner’s second application to proceed in forma pauperis, ECF No. 8, and deny his first application as moot, ECF No. 2. 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…

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