Cates
(HC) West v. Cates
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERRY WEST, JR., Case No. 2:21-cv-00410-KJM-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE
v. FEDERAL CLAIM AND GIVING LEAVE TO
AMEND WITHIN SIXTY DAYS
BRIAN CATES, ECF No. 1 Respondent. 16 17 Petitioner Jerry West, Jr., 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. 1998). For the reasons stated below, it plainly appears that petitioner is not entitled to relief. I will give petitioner an opportunity to…