(HC) Chaidez v. California Department of Corrections & Rehabilitation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PRECILIANO TOMAS CHAIDEZ, Case No. 1:21-cv-01192-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS

CALIFORNIA DEPARTMENT OF ORDER DIRECTING CLERK OF COURT

CORRECTIONS & REHABILITATION, TO ASSIGN DISTRICT JUDGE

12 Respondent. 13 14 Petitioner Preciliano Tomas Chaidez is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition challenges conditions of confinement and thus, is not cognizable in federal habeas corpus, the undersigned recommends that the petition be dismissed. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…