(HC) French v. Barr

DISCUSSION

I. Preliminary Review of Petition

25 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 26 petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not 27 entitled to relief in the district court . . . .” Rule 4 of the Rules Governing Section 2254 Cases. 28 The Advisory Committee Notes to Rule 8 indicate that the court may dismiss a petition for writ of habeas corpus, either on its own motion under Rule 4, pursuant to the respondent’s motion to dismiss, or after an answer to the petition has been filed. Herbst v. Cook, 260 F.3d 1039 (9th Cir. 2001). Accordingly, the Court should exercise its authority under Rule 4 and dismiss the petition. II. Background Petitioner is currently serving an aggregate 180-month sentence for convictions in 2001 and 2009 in the United States District Court for the District of Nevada for wire fraud, mail fraud, and money laundering. (Doc. 1 at 1.) He has a projected release date of September 11, 2022. (Doc. 1 at 1.) According to a Bureau of Prisons “Summary Reentry Plan – Progress Report” dated May 24, 2020, the…