CDCR
(HC) Newman v. CDCR
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY L. NEWMAN, III, Case No. 1:20-cv-01118-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR FAILURE TO
v. EXHAUST CLAIM CDCR, OBJECTIONS DUE IN THIRTY DAYS Respondent. ECF No. 1 ORDER DIRECTING CLERK OF COURT TO
ASSIGN CASE TO DISTRICT JUDGE
17 Petitioner Jimmy L. Newman, III, a state prisoner 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…