(HC) Lester v. CA Department of Corrections
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…