(HC) Ghafur v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHADIJA GHAFUR, Case No. 1:20-cv-01123-NONE-JDP Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR FAILURE TO
v. MEET CUSTODY REQUIREMENT THE PEOPLE OF THE STATE OF OBJECTIONS DUE IN THIRTY DAYS
CALIFORNIA,
ECF No. 1 Respondent.
17 Petitioner Khadija Ghafur, a former 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 v. Williams, 896 F.3d 958, 968 (9th Cir. 2018)…