(HC)Caridad
(HC)Caridad v. Black
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…