Sherman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BILLY RAY JOHNSON, Case No. 1:21-cv-00598-HBK Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS PETITION WITHOUT

STUART SHERMAN, PREJUDICE1 Respondent. OBJECTIONS DUE IN THIRTY DAYS (Doc. No. 1) ORDER DIRECTING CLERK TO ASSIGN

CASE TO DISTRICT JUDGE

18 Petitioner Billy Ray Johnson, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 on April 9, 2021. (Doc. No. 1). This matter is before the Court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court (Habeas Rules). See Habeas Rules, Rule 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. …