(HC) Trotter v. Superior Court of California, Calaveras County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JOHN TROTTER, Case No. 1:21-cv-00570-DAD-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR FAILURE TO
v. EXHAUST CLAIM AND TO DISMISS
CLAIM AS PROCEDURALLY BARRED1
SUPERIOR COURT OF CALIFORNIA,
CALAVERAS COUNTY, OBJECTIONS DUE IN TWENTY-ONE
DAYS Respondent. (Doc. No. 1)
17 18 19 Petitioner Christopher John Trotter, 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. See Rules Governing § 2254 Cases, 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. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Courts have “an active role in…