(HC) Juarez v. Superior Court of California

Good Law
United States District Court, Eastern District of CaliforniaJuly 20, 20221:22-cv-00875California1,753 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN MANUEL JUAREZ, Case No. 1:22-cv-00875-HBK (HC) Petitioner, ORDER TO ASSIGN DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION1

SUPERIOR COURT OF CALIFORNIA,

FOURTEEN-DAY OBJECTION PERIOD

Respondent. (Doc. No. 1) 16 17 18 19 Petitioner Juan Manuel Juarez, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus under 28 U.S.C. § 2254. (Doc. No. 1). This matter is before the Court for preliminary review. See Rules Governing § 2254 Cases, 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 F.3d 1124, 1127 (9th Cir. 1998). Courts have “an active role in summarily disposing of facially defective habeas petitions” under Rule 4. Ross v. Williams, 896 F.3d 958, 27 1 This matter was…

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