Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GREGORY W. STEWART, Case No. 1:19-cv-01331-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS FOR LACK OF

JURISDICTION

J. MACOMBER,

OBJECTIONS DUE IN FOURTEEN DAYS

Respondent. ECF No. 1

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE 18 Petitioner Gregory W. Stewart, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. This matter is before the court for preliminary review. Under Rule 4 of the Rules Governing Section 2254 Cases, we must examine the habeas corpus 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). At this early stage, Rule 4 gives “courts an active role in summarily…