(HC) Laws v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY J. LAWS, Case No. 1:21-cv-00262-HBK Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS PETITION WITHOUT

CALIFORNIA DEPARTMENT OF PREJUDICE1

CORRECTIONS,

OBJECTIONS DUE IN THIRTY DAYS Respondent. (Doc. No. 1)

ORDER DIRECTING CLERK TO ASSIGN

CASE TO DISTRICT JUDGE

18 Petitioner Anthony J. Laws, a state prisoner proceeding pro se, has pending a 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.…