(HC) Murillo v. CDCR Administration

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CIXTO CRUZ MURILLO, Case No. 1:25-cv-00495-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

CDCR ADMINISTRATION, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT COURT JUDGE

Respondent.

16 Petitioner Cixto Cruz Murillo is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the undersigned recommends that the petition be dismissed. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District…