(HC) Valera v. The People of the State of California

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 JOEL VALERA, Case No. 1:22-cv-00852-ADA-CDB (HC)

Petitioner, ORDER DISMISSING PETITION WITH LEAVE

TO FILE A FIRST AMENDED PETITION

v. (ECF No. 1) THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 16

Petitioner Joel Valera (“Petitioner”) is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The petition seeks review of a judgment of conviction in the Superior Court of California for the County of Fresno. Preliminary Screening Rule 4 of the Rules Governing § 2254 requires the Court to conduct a preliminary review of each petition for writ of habeas corpus. Pro se habeas corpus petitions are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). However, the Court must dismiss a petition “[i]f it plainly appears from the petition…that the petitioner is not entitled to relief.” Habeas Rule 4; see also Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990). Habeas Rule…