Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL GREEN, No. 2:22-cv-01423-EFB (HC) Petitioner, v. ORDER KATHLEEN ALLISON, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition lists the following ground for relief: “unauthorized sentence may be corrected at any time for due process.” ECF No. 1 at 5. Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the instant case, it is plain from the petition and appended exhibits that petitioner is not entitled to federal habeas relief because the petition is barred by the statute of limitations.

1 He has paid the filing fee.

26 2 This court may raise the statute of…