(HC) Gonzalez Garcia v. People

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODRIGO A. GONZALEZ GARCIA, No. 2:20-cv-0879-EFB P Petitioner, v. ORDER PEOPLE, Respondent. 16 Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has also filed an application to proceed in forma pauperis which makes the required showing and will be granted. ECF No. 5. The instant petition, however, does not state a cognizable habeas claim for the reasons explained 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 court…