(HC) McCoy-Gordon v. Pelican Bay State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMARREA MCCOY-GORDON, Case No. 1:19-cv-00832-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS CASE FOR FAILURE TO
v. EXHAUST CLAIMS PELICAN BAY STATE PRISON, ECF No. 15 Respondent. OBJECTIONS DUE IN FOURTEEN DAYS ORDER TO ASSIGN CASE TO DISTRICT
JUDGE
17 Petitioner DeMarrea McCoy-Gordon, a state prisoner 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). On October 31, 2019, we ordered petitioner to show…