(HC) Lupercio v. Office of the Clerk of Court
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAMON NAVARRO LUPERCIO, Case No. 1:22-cv-00338-HBK(HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR LACK OF
v. JURISDICTION1 OFFICE OF THE CLERK OF COURT, OBJECTIONS DUE IN 14 DAYS Respondent. (Doc. No. 1) ORDER DIRECTING CLERK OF COURT TO
ASSIGN CASE TO DISTRICT JUDGE
17 Petitioner Ramon Navarro Lupercio, a state prisoner proceeding pro se, petitions for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the court for preliminary review. Under Rule 4 of the Rules Governing Section 2254 Cases, the court must examine the habeas corpus petition and order a response unless it “plainly appears” that the petitioner is not entitled to relief. Under Rule 4, courts have “an active role in summarily disposing of facially defective habeas petitions.” Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). The court may…