Burton
(HC) Bradway v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GABRIEL J. BRADWAY, No. 2:21-cv-0986 KJM KJN P Petitioner, v. FINDINGS AND RECOMMENDATIONS DR. YASHODARA RAO, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, and paid the filing fee. Petitioner claims that he should be released from custody because of the COVID-19 pandemic. For the reasons set forth below, it is recommended that the petition be dismissed because petitioner’s claims are not cognizable in federal habeas. Screening Under Rule 4 of the Rules Governing Section 2254 Cases, this court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, this court must summarily dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Id. //// //// 1…