(HC) Barnes v. California Department Corrections Director

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE BARNES, Case No. 1:20-cv-00836-JDP Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS THE CASE WITHOUT PREJUDICE

HANFORD SUPERIOR COURT JUDGE

ROBERTS, OBJECTIONS DUE IN FOURTEEN DAYS

15 Respondent. ECF No. 1

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE 18 Petitioner Antoine Barnes, a state prisoner without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. 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…