(HC) McCoy-Gordon v. Pelican Bay State Prison

Good Law
United States District Court, Eastern District of CaliforniaFebruary 7, 20201:19-cv-00832California732 words

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…

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