(HC) Trammell v. City of San Francisco

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICHOLAS KENNETH TRAMMELL, Case No. 1:21-cv-00178-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION1

v.

OBJECTIONS DUE IN 14 DAYS

CITY OF SAN FRANCISCO, (Doc. No. 1) Respondent. 16 Petitioner Nicholas Kenneth Trammell is a state prisoner proceeding pro se on his petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. See R. Governing § 2254 Cases 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if 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. 1998). Because the petition is duplicative of his earlier filed case and raises a civil right claim, the undersigned recommends that the petition be dismissed. 25

1 The undersigned submits these…