(HC) Lavery v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaJuly 10, 20201:20-cv-00948California2,306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT CHARLES LAVERY, ) Case No.: 1:20-cv-00948-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATION TO CALIFORNIA DEPARTMENT OF ) DISMISS PETITION

CORRECTIONS AND REHABILITATION,

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

On July 8, 2020, Petitioner filed the instant petition for writ of habeas corpus. (Doc. 1.) For the following reasons, 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 entitled to relief in the district court. . .” …

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