Madden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOUGLAS LEE HOPPER, Case No. 2:21-cv-00985-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S FIRST

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS AND DENYING HIS SECOND

AS MOOT

BRIAN KIBLER, ECF Nos. 7 & 10 Respondent.

ORDER FINDING THAT THE PETITION

DOES NOT STATE A COGNIZABLE CLAIM

AND GIVING LEAVE TO AMEND WITHIN

SIXTY DAYS ECF No. 1 19 Petitioner 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.…