Hill
(HC) Wade v. Hill
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANCELLOR WADE, Case No. 2:22-cv-00556-WBS-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
v. PAUPERIS RICK HILL, ECF No. 2 Respondent. FINDING THAT THE PETITION IS
UNEXHAUSTED AND RECOMMENDING
THAT IT BE DISMISSED WITHOUT
PREJUDICE
17 ECF No. 1 18 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that his claims are unexhausted and recommend that it be dismissed. 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); 26 …