(HC) LaFlamme v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20212:21-cv-00756California677 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DON LAFLAMME, Case No. 2:21-cv-00756-JAM-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS JEFF LYNCH, ECF No. 11 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 The petitioner, Don LaFlamme, is a state prisoner seeking 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 1124, 1127 (9th Cir. 1998). Here, it 25 …

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.