Lozano

(HC) Rouser v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaMay 7, 20212:21-cv-00777California752 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 WILLIAM ROUSER, Case No. 2:21-cv-00777-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS JARED LOZANO, ECF No. 2 Respondent. ORDER FINDING THAT THE PETITION

STATES A COGNIZABLE CLAIM FOR

VIOLATION OF PETITIONER’S DUE

PROCESS RIGHTS DURING A PAROLE

HEARING, BUT NO OTHER VIABLE

CLAIMS

17 ECF No. 1 18 Petitioner William Rouser, a state prisoner proceeding pro se, challenges an April 2020 denial of parole. ECF No. 1 at 5, 23. 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.…

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