(HC) Henderson v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMETRIUS VERDELL HENDERSON, No. 2:20-cv-1407 AC P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

THE PEOPLE OF THE STATE OF

CALIFORNIA; CDCR,

15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed a motion to proceed in forma pauperis. ECF No. 2. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis, ECF No. 2, will be granted. See 28 U.S.C. § 1915(a). I. Petition Under Rule 4 of the Rules Governing Section 2254 Cases, this court is required to conduct a preliminary review of all petitions for writs of habeas corpus filed by state prisoners. Pursuant to Rule 4, this court must summarily dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…