(HC) Navarrete v. Black
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOE NAVARETTE, Case No. 2:22-cv-01197-JDP (HC) Petitioner, ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS AS MOOT
v. AND FINDING THAT THE PETITION DOES
NOT STATE A COGNIZABLE SECTION
CINDY BLACK, 2254 CLAIM AND GRANTING LEAVE TO
AMEND WITHIN THIRTY DAYS
Respondent. ECF Nos. 1 & 5 16 Petitioner, a pre-trial detainee 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. I will deny as moot petitioner’s application to proceed in forma pauperis, ECF No. 5, because he has already paid the filing fee. 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…