Pfeiffer
(HC) Galaz v. Pfeiffer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DONALDO GALAZ, Case No. 1:23-cv-00468-CDB (HC)
Petitioner, ORDER DISMISSING WITHOUT
PREJUDICE PETITION WITH LEAVE TO
v. FILE A FIRST AMENDED PETITION
CHRISTIAN PFEIFFER, 30-DAY DEADLINE
Respondent. (Doc. 1)
Petitioner Donaldo Galaz (“Petitioner”) is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). The petition seeks review of an adverse Parole Board Hearing in 2021. Id. Preliminary Screening Rule 4 of the Rules Governing § 2254 Cases requires the Court to conduct a preliminary review of each petition for writ of habeas corpus. Pro se habeas corpus petitions are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). However, the Court must dismiss a petition “[i]f it plainly appears from the petition…that the petitioner is not entitled to relief.” Habeas Rule 4. Habeas Rule 2(c) requires that a…