Covello
(HC) Thomas v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EARL THOMAS, Case No. 2:21-cv-01121-WBS-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
v. PAUPERIS PATRICK COVELLO, ECF No. 2 Respondent. ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE CLAIM
AND GIVING LEAVE TO AMEND WITHIN
SIXTY DAYS
17 ECF No. 1 18 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. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). The petition cannot proceed because the 25 …