(HC) Dailey v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES EDWARD DAILEY, No. 1:23-cv-00389-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

STATE OF CALIFORNIA, TO SUMMARILY DISMISS PETITION Respondent. [THIRTY DAY OBJECTION DEADLINE] 16 Petitioner is a state parolee proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He filed the instant petition on March 16, 2023. The petition is deficient for the following reasons: 1) The petition fails to name a proper respondent; 2) The claims are not cognizable; and 3) The claims are moot. For these reasons, the Court will recommend the petition be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…