Covello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN J STOVALL, No. 2:20-cv-1717 KJN P 12 Petitioner, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 WARDEN COVELLO, et al., 15 Respondent. 16 17 On September 23, 2020, petitioner, a state prisoner proceeding pro se, filed a petition for a 18 writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in 19 forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable 20 to afford the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. 21 See 28 U.S.C. § 1915(a). 22 As discussed below, because the petition fails to state a cognizable federal habeas claim 23 for relief, the undersigned finds that the petition should be summarily dismissed. 24 I. Governing Standards 25 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 26 petition if it “plainly appears from the face of the petition and any exhibits annexed to…