(HC) Lewis v. United States

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEANDRE LEWIS, Case No. 1:21-cv-01498-HBK Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR WRIT OF

v. HABEAS CORPUS AND DECLINE TO

ISSUE A CERTIFICATE OF

UNITED STATES, APPEALABILITY

Respondent. FOURTEEN-DAY OBJECTION PERIOD

(Doc. No. 1)

ORDER DIRECTING CLERK OF COURT TO

ASSIGN DISTRICT JUDGE

19 Petitioner Deandre Lewis, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the Court for preliminary review. See Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir.…