(HC) Hatchett v. Clark

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CECIL JEROME HATCHETT, No. 2:20-cv-1544-EFB P 12 Petitioner, 13 v. ORDER 14 KEN CLARK, 15 Respondent. 16 17 Petitioner, proceeding pro se, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 18 He has also filed an application to proceed in forma pauperis. ECF No. 2. His application makes 19 the required showing and is granted. His petition, however, does not state a cognizable federal 20 habeas claim for the reasons explained below. 21 I. Legal Standards 22 The court must dismiss a habeas petition or portion thereof if the prisoner raises claims 23 that are legally “frivolous or malicious” or fail to state a basis on which habeas relief may be 24 granted. 28 U.S.C. § 1915A(b)(1),(2). The court must dismiss a habeas petition “[i]f it plainly 25 appears from the petition and any attached exhibits that the petitioner is not entitled to relief[.]” 26 Rule 4 Governing Section 2254 Cases. 27 ///// 28 ///// 1 II. Analysis 2 The…