Elridge

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAFONZO RAY TURNER, No. 2:19-cv-01577 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LAURA ELRIDGE, Warden, Respondent. 16 Petitioner is a state prisoner proceeding in pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Nevertheless, the undersigned will recommend dismissal of the pending petition as duplicative. Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” The Advisory Committee Notes for Rule 8 of the Rules Governing Habeas Corpus Cases Under Section 2254 indicates that the Court may dismiss a petition for writ of…