(HC) Bretz v. United States District Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 10 DREW PATTERSON BRETZ, ) Case No.: 1:20-cv-00651-SKO (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY DAY DEADLINE] 14 ) UNITED STATES DISTRICT COURT, ) ) Respondent. ) ) 17 Petitioner is a state detainee proceeding pro se and in forma pauperis with a petition for writ of habeas corpus. A preliminary screening of the petition reveals that the petition fails to present any cognizable grounds for relief, fails to demonstrate exhaustion of state remedies, and fails to name a proper respondent. Therefore, the Court will DISMISS the petition with leave to file an amended petition. I. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and…