Santoro

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON LOPEZ TAPIA, No. 1:20-cv-01768-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION AS SUCCESSIVE1

v.

OBJECTIONS DUE IN THIRTY DAYS

KELLY SANTORO, (Doc. No. 1) Defendant.

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE 17 Petitioner Ramon Lopez Tapia, a state prisoner proceeding pro se, petitioned for a 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, the court must examine the habeas corpus petition and order a response unless it “plainly appears” that the petitioner is not entitled to relief. Under Rule 4, courts have “an active role in summarily disposing of facially defective habeas petitions.” Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). The court may dismiss claims at screening for “easily identifiable” 25 …