CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN B. AUGUSTINE, No. 2:19-cv-2484-EFB P Petitioner, v. ORDER CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, Respondent. 17 Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has filed an application to proceed in forma pauperis (ECF No. 9) which, viewed in conjunction with his prisoner trust fund account statement (ECF No. 5), makes the proper showing and is granted. The petition (ECF No. 1), however, does not state a cognizable federal habeas claim and, for the reasons stated below, will be dismissed with leave to amend. 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…