(HC)Caridad

(HC)Caridad v. Black

Good Law
United States District Court, Eastern District of CaliforniaMay 6, 20212:21-cv-00704California510 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN TABAYOYONG CARIDAD, Case No. 2:21-cv-00704-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS CINDY BLACK, ECF No. 3 Respondent. ORDER FINDING THAT THE PETITION

DOES NOT STATE A COGNIZABLE

FEDERAL CLAIM AND GIVING LEAVE TO

AMEND WITHIN SIXTY DAYS

17 ECF No. 1 18 Petitioner Benjamin Tabayoyong Caridad, an individual involuntarily confined in a state hospital, 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…

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