Zulfa

(HC) Hairston v. Zulfa

Good Law
United States District Court, Eastern District of CaliforniaNovember 14, 20191:19-cv-00023California700 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBEY KURT HAIRSTON, Case No. 1:19-cv-00023-JDP Petitioner, FINDINGS AND RECOMMEDATION TO

DISMISS PETITION AND DENY

v. CERTIFICATE OF APPEALABILITY DAVID ZULFA, ECF No. 1 Respondent. OBJECTIONS DUE IN FOURTEEN DAYS ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

17 Petitioner Robey Kurt Hairston, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. On January 9, 2019, I screened petitioner’s habeas petition, found it deficient, and ordered him to file an amended petition or face dismissal. ECF No. 9. Because petitioner has failed to amend his petition, I recommend that the petition be dismissed. Under Rule 4 of the Rules Governing Section 2254 Cases, the assigned judge must promptly examine the habeas petition and must order a response to the petition unless it “plainly appears” that the…

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