(HC)Ernst

(HC)Ernst v. State of California

Caution
United States District Court, Eastern District of CaliforniaDecember 22, 20202:20-cv-01716California684 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN ERNST, Case No. 2:20-cv-01716-JDP (HC) Petitioner, SCREENING ORDER v. ORDER THAT PLAINTIFF: STATE OF CALIFORNIA, (1) FILE AN AMENDED PETITION; OR Respondent. (2) NOTIFY THE COURT THAT HE WISHES

TO STAND BY HIS PETITION, SUBJECT

TO A RECOMMENDATION THAT IT BE

DISMISSED

17 ECF No. 1

THIRTY-DAY DEADLINE

19 Petitioner Steven Ernst, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 1. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir.…

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