Sherman
(HC) Johnson v. Sherman
United States District Court, Eastern District of CaliforniaSeptember 7, 20211:21-cv-01313California380 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
BILLY RAY JOHNSON, Case No. 1:21-cv-01313-EPG-HC
Petitioner, ORDER GRANTING PETITIONER LEAVE
TO FILE AMENDED PETITION
v.
ORDER DIRECTING CLERK OF COURT
STUART SHERMAN, TO MAIL PETITIONER BLANK § 2254
HABEAS FORMS
Respondent.
16 Petitioner Billy Ray Johnson is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION The Rules Governing Section 2254 Cases (“Habeas Rules”) require 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 relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254; see also McFarland v. Scott, 512 U.S. 849, 856 (1994). Habeas Rule…