Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROLAND ALFRED BERRY, Case No. 2:23-cv-00442-JDP (HC) Petitioner, SCREENING ORDER FINDING THAT THE

PETITION DOES NOT STATE A

v. COGNIZABLE SECTION 2254 CLAIM AND

GRANTING LEAVE TO AMEND WITHIN

BRYAN D. PHILLIPS, THIRTY DAYS Respondent. ECF No. 1 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a cognizable habeas claim. Petitioner may either file an amended petition or, as explained below, convert this action into one proceeding under section 1983. He is advised that, if he chooses the latter, the filing fee will increase to $402. 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…