(HC) Bretz v. United States District Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DREW PATTERSON BRETZ, Case No. 1:20-cv-00663-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST CLAIM UNITED STATES DISTRICT COURT, RESPONSE DUE IN THIRTY DAYS Respondent. ECF No. 1 16 Petitioner Drew Patterson Bretz, a state pre-trial detainee without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. This matter is before us for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. 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 habeas petitions” under Rule 4. Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). Because it…