Brewer
(HC) Dugger v. Brewer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY DUGGER, Case No. 2:22-cv-02142-JDP (HC) Petitioner, ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE
v. SECTION 2241 CLAIM AND GRANTING
LEAVE TO AMEND WITHIN THIRTY
D. BREWER, DAYS Respondent. ECF No. 1 16 Petitioner, a federal prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2241. After reviewing the petition, I find that it fails to state a viable claim. I will give petitioner a chance to amend before recommending that this action be dismissed. 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 habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v.…