(HC) Gao v. Warden, California Correctional Institution

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20191:19-cv-01066California907 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 JASON ZHANG GAO, ) Case No.: 1:19-cv-01066-SKO (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY DAY DEADLINE] 14 ) DOE, Warden, ) ) Respondent. ) ) 17 Petitioner filed a federal habeas petition in the United States District Court for the Northern District of California on June 6, 2019. On July 30, 2019, the Court determined venue was proper in the Eastern District and transferred the case. A preliminary screening of the petition reveals that the petition fails to present any cognizable grounds for relief. Therefore, the Court will DISMISS the petition with leave to file an amended petition. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 27…

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