Pogue

(HC) Martin v. Pogue

Good Law
United States District Court, Eastern District of CaliforniaSeptember 6, 20221:22-cv-01113California1,016 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JARED ANDREW MARTIN, No. 1:22-cv-01113-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TYSON J. POGUE, TO DISMISS PREMATURE PETITION Respondent. [TWENTY-ONE DAY OBJECTION

DEADLINE]

17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant habeas petition on September 1, 2022, challenging ongoing state criminal proceedings in Madera County. As discussed below, the Court finds the petition to be premature and will recommend the petition be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court . .…

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