McCombre

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRITTANY H. CONSTABLE,1 Case No. 2:25-cv-2848-JDP (P) 12 Petitioner, 13 v. ORDER 14 JEFF MCCOMBRE, 15 Respondent. 16 17 18 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. Her petition 19 does not state a cognizable federal habeas claim, and I will dismiss it with leave to amend so that 20 she may remedy this deficiency if she can. 21 The petition is before me for preliminary review under Rule 4 of the Rules Governing 22 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 23 the habeas petition and order a response to the petition unless it “plainly appears” that the 24 petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); 25 Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). 26 1 The docket lists petitioner’s name as “Edward H. Constable, also known as Brittany H. 27 Constable.” Petitioner states that she is transgender, ECF No. 1 at 3, and,…