Matteson

(HC) Jackson v. Matteson

Caution
United States District Court, Eastern District of CaliforniaApril 9, 20201:20-cv-00351California1,502 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH A. JACKSON, Case No. 1:20-cv-00351-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR LACK OF

v. JURISDICTION G. MATTESON, OBJECTIONS DUE IN THIRTY DAYS Respondent. ECF No. 1 ORDER DIRECTING CLERK TO ASSIGN

CASE TO DISTRICT JUDGE

17 Petitioner Kenneth A. Jackson, 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 R. Governing § 2254 Cases 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). Courts have “an active role in summarily disposing of facially defective…

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