(HC) Booker v. Lynch

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES BOOKER, No. 2:20-cv-1894JDP P 12 Petitioner, 13 v. ORDER 14 J. LYNCH, 15 Respondent. 16 17 Petitioner,proceeding without counsel, seeks a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. He has also filed an application to proceed in forma pauperis and a prison trust 19 fund account statement that, together,make the required showing. ECF Nos.2 & 5. The petition 20 does not meet procedural requirements, however, and so will be dismissed with leave to amend. 21 The Rules Governing Section 2254 Cases instruct that, before serving a habeas petition on 22 the respondent, the assigned judge should screen the filing and dismiss it if“it plainly appears 23 from the petition and any attached exhibits that the petitioner is not entitled to relief . . . .” Rule 4 24 of the Rules Governing Section 2254 Cases. The rule permits “dismissal of a habeas petition that 25 on its face reveals a procedural default.” Boyd v. Thompson, 147 F.3d 1124, 1128 (9th…