Sawyer

(HC) Hand v. Sawyer

Good Law
United States District Court, Eastern District of CaliforniaFebruary 18, 20201:19-cv-01329California1,381 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEHU HAND, Case No. 1:19-cv-01329-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR LACK

v. OF JURISDICTION KATHLEEN HAWK SAWYER, ET AL., ECF No. 1 Respondent. FOURTEEN DAY DEADLINE ORDER DENYING MOTION FOR

DISCOVERY

17 ECF No. 6 18 Petitioner Jehu Hand, a federal prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. This matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. See Rules Governing Section 2254 Cases, Rule 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if 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). Rule 4 was “designed to give courts an active role in summarily…

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