Covello
(HC) Thomas v. Covello
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT EARL THOMAS, Case No. 2:21-cv-01121-WBS-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE CLAIM
v. AND GIVING LEAVE TO AMEND WITHIN
SIXTY DAYS
PATRICK COVELLO, ECF No. 8 Respondent. 16 Petitioner is a state prisoner seeking a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 8. The amended petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless 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. 1998). It appears that the petition cannot proceed because the claim at issue is time-barred. Petitioner states that he accepted a plea bargain and pled guilty to voluntary…