Lizarraga

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANCE EDWARD FLEMING, No. 2:18-cv-3121 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATION

J. LIZARRAGA, WARDEN, Respondent. 16 Petitioner, a state prisoner proceeding pro se, seeks habeas relief pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 2). For the reasons stated below, the court shall grant petitioner’s motion to proceed in forma pauperis. However, the undersigned shall also recommend that this action be summarily dismissed. I. IN FORMA PAUPERIS APPLICATION Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. (See ECF No. 2). Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). //// //// II. RELEVANT FACTS Petitioner, a state prisoner currently housed at Mule Creek State Prison (“MCSP”), is 3…