CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN B. AUGUSTINE, No. 2:19-cv-2484-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, Respondent. 17 Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 23, 2020, the court dismissed petitioner’s initial petition with leave to amend for want of intelligibility. ECF No. 10. Petitioner has filed an amended petition (ECF No. 17) which, after review, the court recommends be dismissed without prejudice. I. Legal Standards The court must dismiss a habeas petition or portion thereof if the prisoner raises claims that are legally “frivolous or malicious” or fail to state a basis on which habeas relief may be granted. 28 U.S.C. § 1915A(b)(1),(2). The court must dismiss a habeas petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…