Whitaker

(HC) Ahadpour v. Whitaker

Good Law
United States District Court, Eastern District of CaliforniaNovember 21, 20191:19-cv-00215California790 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALIDAD ALIBABA AHADPOUR, Case No. 1:19-cv-00215-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR LACK

v. OF JURISDICTION MATTHEW G. WHITAKER, ECF No. 1 Respondent. 16 Petitioner Alidad Alibab Ahadpour, a federal detainee without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. This matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is not entitled to relief. Rule 4 was “designed to give courts an active role in summarily disposing of facially defective habeas petitions.” Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). The court may dismiss claims at screening for “easily identifiable” procedural defects. Id. I order petitioner to show cause why the petition should not be…

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