Pogue
(HC) Martin v. Pogue
United States District Court, Eastern District of CaliforniaNovember 17, 20211:21-cv-01622California1,224 words
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JARED ANDREW MARTIN, Case No. 1:21-cv-01622-SAB-HC
Petitioner, ORDER GRANTING PETITIONER LEAVE
TO AMEND
v.
ORDER DIRECTING CLERK OF COURT
CHRISTIAN PFEIFFER,
TO SEND PETITIONER BLANK § 2254
Respondent. FORM
16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases (“Habeas Rules”) require preliminary review of a habeas petition and allow a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. A. Habeas Jurisdiction A claim falls within the “core of habeas corpus” when a prisoner challenges…