(HC) Heu v. People of the State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNY HEU, Case No. 1:19-cv-00083-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT DISMISS PETITION FOR

v. WRIT OF HABEAS CORPUS AT

SCREENING WITHOUT PREJUDICE

PEOPLE OF THE STATE OF

CALIFORNIA, OBJECTIONS DUE IN FOURTEEN DAYS

15 Respondent. ECF No. 1

ORDER THAT CLERK’S OFFICE ASSIGN

CASE TO A DISTRICT JUDGE 18 Petitioner Johny Heu, a state prisoner proceeding without counsel, seeks a writ of habeas corpus. Petitioner filed using a California state form. ECF No. 1. Because petitioner challenges the state trial court’s imposition of fines and restitution, I construe his petition as filed under 28 U.S.C. § 2254, the exclusive means for a state prisoner to challenge the constitutionality of his sentence in federal court. See Greenawalt v. Stewart, 105 F.3d 1287 (9th Cir. 1997). The matter is before the court for preliminary review under Rule 4 of the Rules…