(HC) Collins v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ALPHONSO COLLINS, ) Case No.: 1:21-cv-01585-JLT (HC) ) Petitioner, ) ORDER DIRECTING CLERK OF COURT TO ) ASSIGN DISTRICT JUDGE v. ) ) FINDINGS AND RECOMMENDATIONS TO DAVE CLARK, Warden, ) DISMISS UNEXHAUSTED PETITION WITHOUT

Respondent. ) PREJUDICE ) ) [THIRTY-DAY OBJECTION DEADLINE]

Petitioner filed a Petition for Writ of Habeas Corpus on October 27, 2021. (Doc. 1.) Because the petition appears to be unexhausted, the Court will recommend it be SUMMARILY DISMISSED without prejudice. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district…