(HC) Garcia v. Montgomery

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHNNY GARCIA, Case No. 1:23-cv-00082-SAB-HC

Petitioner, ORDER GRANTING PETITIONER LEAVE

TO FILE FIRST AMENDED PETITION

v.

W.L. MONTGOMERY, ORDER DIRECTING CLERK OF COURT

TO SEND PETITIONER BLANK § 2254

Respondent. FORM

16 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Rules Governing Section 2254 Cases (“Habeas Rules”) require preliminary review of a habeas petition and allow a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. Habeas Rule 2(c) states that a petition must “(1) specify all the grounds for relief available to the petitioner; [and] (2) state the facts…