Sherman

(HC) Johnson v. Sherman

Good Law
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…

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