Ross

(HC) Proby v. Ross

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20212:21-cv-00852California1,160 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM DEON PROBY, No. 2:21-cv-0852 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

TAMMY ROSS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee. (ECF No. 1 at 1.) Plaintiff seeks modification of the sentence imposed by the Sacramento County Superior Court in 1996. Presently before the court is the petition for screening. For the reasons set forth below, the court will recommend that the petition be dismissed without leave to amend. SCREENING I. Screening Requirement Under Rule 4 of the Rules Governing Section 2254 Cases, this court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, this court must summarily dismiss a petition if it “plainly appears from the…

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