Fox

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMIE STEPHEN, No. 2:19-cv-528-MCE-EFB P Petitioner, v. ORDER AND FINDINGS AND

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R.W. FOX, Respondent. 16 Petitioner is a state prisoner who, proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed an application to proceed in forma pauperis (ECF No. 3) and proceeds on an amended petition (ECF No. 5). Respondent has filed a motion to dismiss (ECF No. 13) and petitioner has filed his opposition (ECF No. 22). Application to Proceed in Forma Pauperis Examination of the in forma pauperis affidavit reveals that petitioner is unable to afford the costs of suit and his application (ECF No. 3) will be granted. Motion to Dismiss I. Legal Standards In the context of federal habeas claims, a motion to dismiss is construed as arising under Rule 4 of the Rules Governing Section 2254 in the United…