Warden

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2 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA RAHMAN RUSHING, Case No. 2:20-07737 AB (ADS) Petitioner, v. ORDER SUMMARILY DISMISSING

PETITION FOR WRIT OF HABEAS

CALIFORNIA INSTITUTE FOR MEN, CORPUS Respondent. 14 15 I. INTRODUCTION On August 25, 2020, Petitioner Rahman Rushing, a California state prisoner, filed a Petition for Writ of Habeas Corpus. [Dkt. No. 1]. Petitioner raises one ground for relief, asserting that the prison’s response to Covid-19 is a violation of the Eighth Amendment right against cruel and unusual punishment. [Id., p. 3]. A review of the pleading and records in this case reveals that Petitioner fails to allege a cognizable claim 22 23 24 for federal habeas relief. For the reasons discussed below, the Court DISMISSES the case without prejudice. II. DISCUSSION A. Failure to State a Cognizable Claim The Court has the authority to dismiss habeas actions sua sponte. Under Rule

of the Rules Governing § 2254 Cases, if it plainly…