Santoro

(HC) Thomas v. Santoro

Good Law
United States District Court, Eastern District of CaliforniaApril 15, 20221:21-cv-01571California1,619 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KESHAWN THOMAS, Case No. 1:21-cv-01571-DAD-HBK Petitioner, FINDINGS AND RECOMMENDATIONS

THAT COURT ABSTAIN FROM

v. EXERCISING JURISDICTION AND

DISMISS PETITION WITHOUT

KELLY SANTORO, WARDEN, PREJUDICE1 Respondent. FOURTEEN-DAY OBJECTION PERIOD (Doc. No. 1) 17 Petitioner Keshawn Thomas, a state prisoner proceeding pro se, initiated this action by filing a petition for writ of habeas corpus under 28 U.S.C. § 2254 on October 25, 2021. (Doc. No. 1). This matter is before the Court for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court (Habeas Rules). See Habeas Rules, Rule 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if 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…

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