(HC) Lupercio v. People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON NAVARRO LUPERCIO, Case No. 1:20-cv-00925-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION AS SUCCESSIVE
v.
OBJECTIONS DUE IN THIRTY DAYS
PEOPLE OF THE STATE OF CALIFORNIA, ECF No. 1 15 Respondent. ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE TO THIS CASE
17 Petitioner Ramon Navarro Lupercio, a state prisoner proceeding 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 facially defective habeas petitions” under Rule 4. Ross v.…