FPD

(HC) Myers v. FPD

Good Law
United States District Court, Eastern District of CaliforniaJuly 29, 20201:20-cv-01002California1,301 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY E. MYERS, Case No. 1:20-cv-01002-JDP Petitioner, ORDER TO SHOW CAUSE WHY PETITION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO MEET CUSTODY

REQUIREMENT, EXHAUST CLAIMS, AND

FPD, et al., STATE COGNIZABLE CLAIMS Respondent. RESPONSE DUE IN THIRTY DAYS ECF No. 1 17 Petitioner Anthony E. Myers, a former county jail inmate proceeding without counsel, 18 seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The petition is before us 19 for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, 20 the judge assigned to the habeas proceeding must examine the habeas petition and order a 21 response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See 22 Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 23 1127 (9th Cir. 1998). The petition appears deficient;…

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