Gastelo
(HC) Jones v. Gastelo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EUGENE LOUIS JONES, Case No. 1:18-cv-01692-LJO-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS
THAT COURT DISMISS PETITION FOR
v. WRIT OF HABEAS CORPUS AT
SCREENING AND DENY PETITIONER’S
JOSIE GASTELO, MOTIONS FOR STAY Respondent. ECF Nos. 1, 2, 6 ORDER DENYING ALL OTHER PENDING
MOTIONS
17 ECF Nos. 5, 8 18 Petitioner Eugene Louis Jones, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is not entitled to relief. Because petitioner fails to state a cognizable habeas claim, we recommend that the court dismiss the petition at screening and deny petitioner’s request to stay the case. Petitioner has filed other 25 …