(HC) Stribling v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AARON LAMONT STRIBLING, Case No. 1:19-cv-00834-JDP Petitioner, ORDER TO SHOW CAUSE WHY

AMENDED PETITION SHOULD NOT BE

v. DISMISSED FOR FAILURE TO STATE A

CLAIM

K. CLARK, ECF No. 6 Respondent. 16 Petitioner Aaron Lamont Stribling is a state prisoner proceeding without counsel on a petition for writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Petitioner filed a first amended petition on September 17, 2019. ECF No. 6. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, we must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). To pass screening, petitioner must allege a violation of “clearly established federal law”—meaning a violation of…