(HC) Escalon v. MCSP Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD V. ESCALON, Case No. 1:19-cv-00434-JDP (HC) Petitioner, ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATIONS TO

MCSP WARDEN, DISMISS PETITION FOR HABEAS CORPUS

AT SCREENING

Respondent. ECF No. 1

OBJECTIONS DUE IN 14 DAYS

17 Petitioner Richard V. Escalon, 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. We recommend that the court dismiss the case at screening. I. Screening 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); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). The rule allows…