(HC) Booker v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES BOOKER, No. 2:20-cv-1894JDP P Petitioner, v. ORDER J. LYNCH, Respondent. 16 Petitioner,proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has also filed an application to proceed in forma pauperis and a prison trust fund account statement that, together,make the required showing. ECF Nos.2 & 5. The petition does not meet procedural requirements, however, and so will be dismissed with leave to amend. The Rules Governing Section 2254 Cases instruct that, before serving a habeas petition on the respondent, the assigned judge should screen the filing and dismiss it if“it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief . . . .” Rule 4 of the Rules Governing Section 2254 Cases. The rule permits “dismissal of a habeas petition that on its face reveals a procedural default.” Boyd v. Thompson, 147 F.3d 1124, 1128 (9th…