(HC) Johnson v. Superior Court of the State of California for Kings County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DERRICK L. JOHNSON, ) Case No.: 1:19-cv-00976-JLT (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY-DAY DEADLINE] SCOTT KERNAN, Secretary of California ) Department of Corrections and Rehabilitation, et al., ) ) Respondents. ) )

Petitioner filed a Petition for Writ of Habeas Corpus on July 3, 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…