Director
(HC) Fountain v. Director
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERNEST ROGER FOUNTAIN, JR., No. 1:22-cv-01231-HBK (HC) 12 Petitioner, ORDER DISMISSING PETITION 13 v. (Doc. No. 1) 14 DIRECTOR, ORDER GRANTING LEAVE TO FILE A
FIRST AMENDED PETITION
15 Respondent.
THIRTY DAY DEADLINE
16 17 18 On September 27, 2022, Petitioner filed a petition for writ of habeas corpus under 28 19 U.S.C. § 2254. (Doc. No. 1). A preliminary screening of the petition reveals that it fails to 20 comply with Rule 2(c) of the Rules Governing Section 2254 Cases. Therefore, the Court will 21 dismiss the Petition without prejudice to Petitioner filing a First Amended Petition. 22 DISCUSSION 23 A. Preliminary Review of Petition 24 Rule 4 of the Rules Governing § 2254 Cases requires the Court to make a preliminary 25 review of each petition for writ of habeas corpus. The Court must dismiss a petition "[i]f it 26 plainly appears from the petition . . . that the petitioner is not entitled to…