Oregel
(HC) Sherrod v. Oregel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT DENNIS SHERROD, Case No. 1:19-cv-01075-LJO-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION
v. ECF No. 1 E. OREGEL,
ORDER DENYING MOTION TO APPOINT
Respondent. COUNSEL ECF No. 3 17 Petitioner Albert Dennis Sherron, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254, ECF No. 1, and appointment of counsel, ECF No. 3. 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 corpus petition and order a response unless it “plainly appears” that no relief is warranted. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Because petitioner has failed to state a cognizable habeas claim, we recommend that the petition be dismissed and that the motion for appointment of counsel be denied. 26 27…