(HC) Britton v. Corona

Good Law
United States District Court, Eastern District of CaliforniaFebruary 7, 20201:18-cv-01213California855 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT T. BRITTON, Case No. 1:18-cv-01213-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS CASE AS MOOT

v. ECF No. 1 A. CORONA, et al.

OBJECTIONS DUE IN FOURTEEN DAYS

15 Respondent. ORDER TO ASSIGN THE CASE TO A DISTRICT JUDGE

17 Petitioner Scott T. Britton, a detainee at the Fresno County Jail without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding 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). A federal court has an independent duty to examine its jurisdiction, and discharging that duty…

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