(HC)Juarez
(HC)Juarez v. Eastern District of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN MANUEL JUAREZ, Case No. 1:22-cv-01619-HBK (HC) Petitioner, ORDER TO ASSIGN DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION1
EASTERN DISTRICT OF CALIFORNIA, (Doc. No. 1) Respondent.
FOURTEEN-DAY OBJECTION PERIOD
16 17 18 19 Petitioner Juan Manuel Juarez, a state prisoner proceeding pro se, has pending a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1, “Petition”). This matter is before the Court for preliminary review. See Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243. Under Rule 4, a district court must dismiss a habeas petition if 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. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Courts have “an active role in summarily disposing of facially defective habeas petitions” under Rule 4. Ross v. 27 1 This matter was…