(HC) Roberson v. People of the State of CA

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARLON ROBERSON, Case No. 2:22-cv-01557-JDP (HC) 12 Petitioner, ORDER GRANTING APPLICATION TO

PROCEED IN FORMA PAUPERIS AND

13 v. FINDING THAT THE PETITION DOES NOT

STATE A COGNIZABLE SECTION 2254

14 PEOPLE OF THE STATE OF CLAIM AND GRANTING LEAVE TO

CALIFORNIA & S. PEERY, AMEND WITHIN THIRTY DAYS

15 Respondents. ECF Nos. 1 & 6 16

17 18 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus 19 under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a viable federal 20 claim. I will give petitioner a chance to amend before recommending that this action be 21 dismissed. I will also grant his application to proceed in forma pauperis, ECF No. 6. 22 The petition is before me for preliminary review under Rule 4 of the Rules Governing 23 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 24 the habeas petition and order a response to the…