Peoples

Khot Panyanouvong v. Peoples

Good Law
United States District Court, Eastern District of CaliforniaSeptember 23, 20252:25-cv-02530California668 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHOT PANYANOUVONG, No. 2:25-cv-2530 AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

PEOPLES, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) requires the court to summarily dismiss a habeas petition, “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” “[A] petition for habeas corpus should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted.” Jarvis v. Nelson, 440 F.2d 13, 14 (9th Cir. 1971) (citations omitted). The petition is largely indecipherable and, rather than stating a claim for relief, appears to admit that petitioner killed his cellmate in…

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