(HC) Newman v. Kings County Clerk's Office

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20211:20-cv-01251California2,489 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY L. NEWMAN, III, Case No. 1:20-cv-01251-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR FAILURE TO

v. PROSECUTE, FAILURE TO STATE A

COGNIZABLE CLAIM AND FAILURE TO

KING’S COUNTY CLERK’S OFFICE, et EXHAUST HIS CLAIM1 al., OBJECTIONS DUE IN THIRTY DAYS Respondents. (Doc. No. 1)

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

18 Petitioner Jimmy L. Newman, III, a state prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). The petition is before the court 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.…

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