Price

(HC) Hazeltine v. Price

Good Law
United States District Court, Eastern District of CaliforniaFebruary 8, 20231:23-cv-00144California1,409 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICK A. HAZELTINE, Case No. 1:23-cv-00144-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO

DISMISS PETITION1

v.

FOURTEEN-DAY OBJECTION PERIOD

BRANDON PRICE, (Doc. No. 1) Respondent.

ORDER TO ASSIGN DISTRICT JUDGE

17 18 Petitioner Rick A. Hazeltine, a civil detainee at Coalinga State Hospital, is proceeding pro se on his 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 under Rule 4 of the Rules Governing Section 2254 Cases. See R. Governing § 2254 Cases 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). Because Petition does not challenge the fact or duration of Petitioner’s confinement, the undersigned…

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