(HC) Hudkins v. Clark

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20221:22-cv-00375California910 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY D. HUDKINS, Case No. 1:22-cv-00375-HBK(HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION1

v.

OBJECTIONS DUE IN 14 DAYS

K. CLARK, WARDEN, (Doc. No. 1) Respondent.

ORDER TO ASSIGN DISTRICT JUDGE

17 Petitioner Timothy D. Hudkins is a state prisoner proceeding pro se on his petition for 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. See R. Governing § 2254 Cases 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 F.3d 1124, 1127 (9th Cir. 1998). Because the petition raises a civil rights claim and is duplicative of a pending civil rights case, the undersigned recommends that the petition be dismissed.

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