(HC) Espinoza v. Stanislaus County Sheriffs Department

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

RAFAEL ESPINOZA, ) Case No.: 1:20-cv-00824-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO STANISLAUS COUNTY SHERIFFS ) DISMISS PETITION

DEPARTMENT,

) ) [THIRTY-DAY OBJECTION DEADLINE] Respondent. ) )

On June 10, 2020, the petitioner filed the instant petition for writ of habeas corpus in this Court. (Doc. 1.) Because the petition fails to state a cognizable federal claim for relief, the Court will recommend it be SUMMARILY DISMISSED without prejudice. 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 any attached exhibits that the petitioner is not…