(HC) Hubbard v. People of Kings County California

Good Law
United States District Court, Eastern District of CaliforniaAugust 15, 20191:19-cv-00132California928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ZANE HUBBARD, Case No. 1:19-cv-00132-LJO-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DISMISS PETITION FOR

v. LACK OF JURISDICTION PEOPLE OF KINGS COUNTY ECF No.

CALIFORNIA,

ORDER DENYING MISCELLANEOUS Respondents. MOTIONS 16 ECF Nos. 4, 7, 8 17 18 Petitioner Zane Hubbard, a state prisoner without counsel, seeks a writ of habeas corpus 19 under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for screening under Rule 4 of 20 the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas 21 proceeding must examine the habeas petition and order a response to the petition unless it 22 “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 23 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). The rule 24 allows courts to dismiss screen petitions that are patently frivolous, vague,…

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