Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GEORGE MIMS, Case No. 2:22-cv-00521-TLN-JDP (HC) Petitioner, ORDER GRANTING APPLICATION TO

PROCEED IN FORMA PAUPERIS AND

v. FINDING THAT THE PETITION DOES NOT

STATE A COGNIZABLE SECTION 2254

ROBERT BURTON, CLAIM AND GRANTING LEAVE TO

AMEND WITHIN THIRTY DAYS

Respondent. ECF Nos. 1 & 8 16 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a viable federal claim. I will give petitioner a chance to amend before recommending that this action 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…