Spearman

(HC) Hurtado v. Spearman

Good Law
United States District Court, Eastern District of CaliforniaSeptember 23, 20191:19-cv-01159California794 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RICHARD ANTHONY HURTADO, ) Case No.: 1:19-cv-01159-JLT (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY-DAY DEADLINE] M.E. SPEARMAN, ) Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus on August 27, 2019. A preliminary screening of the petition reveals that the petition fails to present any cognizable grounds for relief or any facts in support. 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 plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court .…

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