Bruce Wayne Morris v. Sierra County Clerks Office, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRUCE WAYNE MORRIS, No. 2:25-cv-2678 AC P Petitioner, v. ORDER and SIERRA COUNTY CLERKS OFFICE, et FINDINGS AND RECOMMNEDATION al., 15 Respondent.
17 Petitioner is a state inmate proceeding without an attorney, who has filed a petition for 18 writ of habeas corpus and an application to proceed in forma pauperis. ECF Nos. 1, 6. This 19 matter is before the court for preliminary review under Rule 4 of the Rules Governing 2254 20 Cases.
I. Screening Standard
22 In screening the habeas petition, the court applies the Rule 4 framework of the Rules 23 Governing Section 2254 Cases in the United States District Courts. Under Rule 4’s standard, if it 24 plainly appears from the petition, any attached exhibits, and the record of prior proceedings that 25 the moving party is not entitled to relief, then the district court is authorized to summarily dismiss 26 a habeas petition. Neiss v. Bludworth, 114 F.4th 1038, 1044 (9th Cir. 2024); Herbst v. Cook, 260 27 F.3d 1039, 1043 (9th…