Price
(HC) Mackey v. Price
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ERNESTO MACKEY, No. 1:21-cv-00791-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
BRANDON PRICE, et al., TO SUMMARILY DISMISS PETITION Respondents. [TWENTY-ONE DAY OBJECTION
DEADLINE]
16 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on May 17, 2021. The petition does not challenge the underlying conviction; it instead presents claims concerning the conditions of his confinement. For this reason, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the…