D'Agostini

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORMAN JOHN CRAIG, No. 2:21-CV-1198-JAM-DMC-P Petitioner,

v. FINDINGS AND RECOMMENDATIONS JOHN D’AGOSTINI, Respondent. 16 Petitioner, an inmate proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is Petitioner’s first amended petition for a writ of habeas corpus, ECF No. 5. Rule 4 of the Federal Rules Governing Section 2254 Cases provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the instant case, it is plain that Petitioner is not entitled to federal habeas relief on two of his three claims. In his first amended petition, Petitioner appears to raise three claims. First, Plaintiff argues that he received ineffective assistance of counsel in an underlying criminal case. 26 …