(HC) Miller v. Warden of Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEPHEN S. MILLER, Case No. 1:19-cv-01519-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO STATE A COGNIZABLE

HABEAS CLAIM

WARDEN OF VALLEY STATE PRISON, ECF No. 1 15 Respondent.

17 Petitioner Stephen S. Miller, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. This matter is before us 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). To pass screening, petitioner must allege a violation of “clearly established federal law”—meaning a violation of a U.S. Supreme Court…