(HC)Whitsitt

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. WHITSITT, No. 2:21-cv-00871 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PEOPLE OF CALIFORNIA, Respondent. 16 Petitioner, a pretrial detainee, proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Nevertheless, the undersigned will recommend summary dismissal of the pending petition based on a failure to raise a federal cognizable claim. The Rules Governing Section 2254 Cases in the United States District Courts (Habeas Rules) may be applied to proceedings undertaken pursuant to 28 U.S.C. § 2241. Habeas Rule 1(b). Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits…