Price
(HC) Townsend v. Price
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REBIO RONNIE TOWNSEND, No. 2:20-cv-0333-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
BRANDON PRICE, Respondent. 16 Petitioner proceeds pro se and is civilly committed at Coalinga State Hospital. He has filed an application to proceed in forma pauperis (ECF No. 5) which makes the required showing and will be granted. However, for the reasons stated below his habeas petition must be dismissed. I. Legal Standards The court must dismiss a habeas petition or portion thereof if the prisoner raises claims that are legally “frivolous or malicious” or fail to state a basis on which habeas relief may be granted. 28 U.S.C. § 1915A(b)(1),(2). The court must dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief[.]” Rule 4, Rules Governing Section 2254 Cases. ///// ///// ///// II. Analysis The…