(HC) Gray v. The People

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS EUGENE GRAY, Case No. 1:22-cv-01284-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION FOR LACK OF

v. JURISDICTION1 THE PEOPLE, OBJECTIONS DUE IN 14 DAYS Respondent. (Doc. No. 1) ORDER DIRECTING CLERK OF COURT TO

ASSIGN CASE TO DISTRICT JUDGE

17 Petitioner Thomas Eugene Gray, 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…