White

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK GELAZELA, Case No. 1:21-cv-00002-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR FAILURE TO

v. STATE COGNIZABLE CLAIMS AND

FAILURE TO EXHAUST CLAIMS1

DOUGLAS WHITE,

OBJECTIONS DUE IN THIRTY DAYS

Respondent. (Doc. No. 1)

ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE AND

PROVIDE PETITIONER BIVENS CIVIL

RIGHTS COMPLAINT FORM 19 20 Petitioner Mark Gelazela, a federal prisoner, has pending a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. (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. 26 …