Skiles

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4 5 6 7 8 UNITED STATES DISTRICT COURT 9

EASTERN DISTRICT OF CALIFORNIA

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11 DAVID SABINO QUAIR, III, Case No. 1:22-cv-01386-JLT-CDB (HC)

12 Petitioner, FINDINGS AND RECOMMENDATIONS THAT

THE PETITION FOR WRIT OF HABEAS CORPUS

13 v. BE DISMISSED WITHOUT PREJUDICE AND

WITHOUT LEAVE TO AMEND

14 JON M. SKILES, (ECF No. 1) 15 Respondent. 16

17 Petitioner David Sabino Quair, III (“Petitioner”) is a state prisoner proceeding pro se with a

18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1). The petition seeks 19 review of a judgment of conviction in the Superior Court of California for the County of Fresno. Id.

20 Preliminary Screening 21 Rule 4 of the Rules Governing § 2254 Cases requires the Court to conduct a preliminary 22 review of each petition for writ of habeas corpus. Pro se habeas corpus petitions are to be liberally 23 construed. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). However, the Court must dismiss a 24 petition “[i]f it plainly appears from the petition…that the petitioner is not entitled to relief.” …