Burton
(HC) Boddie v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER BODDIE, No. 2:21-cv-2195 DB P Petitioner, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
ROBERT BURTON, Respondent. 16 Petitioner is a state prisoner proceeding with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.1 Under Rule 4 of the Rules Governing § 2254 Cases, the court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, the 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.” Petitioner alleges: (1) the Board of Prison Terms violated his rights under state law and the Due Process Clause when it denied parole; and (2) his conviction and sentence are unlawful.
1 Petitioner twice complained to the court that he had requested the prison…