(HC) Lester v. CA Department of Corrections

Good Law
United States District Court, Eastern District of CaliforniaOctober 29, 20212:21-cv-01367California531 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELLO WILLIAM LESTER, Case No. 2:21-cv-01367-JDP (HC) Petitioner, ORDER: v. (1)GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

CALIFORNIA DEPARTMENT OF PAUPERIS;

CORRECTIONS,

(2)FINDING THAT THE PETITION DOES Respondent. NOT STATE A COGNIZABLE CLAIM AND GRANTING LEAVE TO AMEND WITHIN

SIXTY DAYS

17 ECF Nos. 1 & 6 18 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. §2254. After reviewing the petition, I find that the petition cannot proceed because petitioner is not alleging that his conviction is invalid. Rather, he is alleging that his conditions of confinement pose a risk to his health. 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…

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