(HC) Jones v. Johnson

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 DANIEL LAQUINN JONES, ) Case No.: 1:20-cv-01527-JLT (HC) ) 12 Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE 13 v. ) ) FINDINGS AND RECOMMENDATION TO 14 RAYBON JOHNSON, Warden, ) DISMISS UNEXHAUSTED PETITION WITHOUT

15 Respondent. ) PREJUDICE ) 16 ) [THIRTY-DAY OBJECTION DEADLINE]

17 Petitioner filed a Petition for Writ of Habeas Corpus on July 10, 2020. (Doc. 1.) Because the 18 petition appears to be unexhausted, the Court will recommend it be SUMMARILY DISMISSED 19 without prejudice. 20 DISCUSSION 21 A. Preliminary Review of Petition 22 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary 23 review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 24 plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in 25 the district…