Koenig

(HC) Golden v. Koenig

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20191:18-cv-01003California698 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME GOLDEN, Case No. 1:18-cv-01003-JDP (HC) Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED

v. M. E. SPEARMAN, Respondent. 16 Petitioner Jerome Golden, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for screening 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). The petition presents two defects that seem to warrant summary dismissal of the petition. We will identify those defects and order petitioner to show cause why the court should not dismiss the petition. First, petitioner contends that state courts erred in deciding his motion to suppress, but 26 …

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