Troy James Agee v. George Jaime

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TROY JAMES AGEE, Case No. 2:20-cv-08666-JFW (GJS) Petitioner

ORDER: DISMISSING PETITION;

v. AND DENYING A CERTIFICATE

OF APPEALABILITY

GEORGE JAIME,

Respondent.

17 On September 17, 2020, Petitioner, a state prisoner, filed a habeas petition pursuant to 28 U.S.C. § 2254 [Dkt. 1, “Petition”]. Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts (“Habeas Rules”) requires summary dismissal of Section 2254 petitions “[i]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, 28 U.S.C. foll. § 2254. For the reasons set forth below, the Court finds that the claims alleged in the Petition are not cognizable in federal habeas review and could not be rendered so through amendment. Accordingly, under Rule 4, dismissal is required. /// /// 1 The Court has carefully reviewed the Petition and the relevant state court …