Newson
(HC) McKinney v. Newson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALONZO McKINNEY, No. 2:19-cv-1695-EFB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
G. NEWSOM, Respondent. 16 Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His initial petition (ECF No. 1) was dismissed on screening for failure to state a cognizable claim. ECF No. 11. He has since filed an amended petition (ECF No. 12) which is screened below. 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 crux of the amended petition…