Burton
(HC) Harmon v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ATRAYBION HARMON, No. 2:21-cv-1184 DB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
ROBERT BURTON, Respondent. 16 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has paid the filing fee. Under Rule 4 of the Rules Governing § 2254 Cases, the court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, the court must summarily dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” I. The Petition Petitioner complains that prison conditions, primarily overcrowding, put him at risk for contracting COVID-19. Petitioner seeks immediate release and an injunction barring the 26 1 COVID-19 is described by the U.S. Center for Disease Control and…