(HC) Bahena v. On Habeas Corpus
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ESMELING BAHENA, No. 1:19-cv-01434-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
ON HABEAS CORPUS, TO SUMMARILY DISMISS PETITION Respondent. [THIRTY DAY OBJECTION DEADLINE] 16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. He filed the instant petition on October 11, 2019. The petition does not challenge the underlying conviction; rather, it presents various claims concerning the conditions of his confinement. For this reason, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in…