Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN PAYTON MENENDEZ, Case No. 2:22-cv-00047-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION IS

LIKELY TIME-BARRED AND GRANTING

v. LEAVE TO AMEND WITHIN THIRTY

DAYS

WARDEN, ECF No. 1 Respondent. 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that the petition is likely time-barred. I will give petitioner a chance to amend and explain why his claims should proceed before recommending dismissal of this action. The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir.…