Baughman

(HC) Hubbard v. Baughman

Good Law
United States District Court, Eastern District of CaliforniaSeptember 25, 20191:19-cv-00287California885 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ZANE HUBBARD, Case No. 1:19-cv-00287-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DISMISS PETITION FOR

v. LACK OF JURISDICTION DAVID BAUGHMAN and XAVIER ECF No.

BACERRA,

ORDER DIRECTING CLERK OF COURT TO Respondents. ASSIGN CASE TO DISTRICT JUDGE

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

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