McVay
(HC) Carter v. McVay
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DEWAYNE NORMAN CARTER, No. 2:23-cv-00161-EFB (HC) Petitioner, v. ORDER TO SHOW CAUSE M. McVAY, Respondent. 15 Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition lists two ground for relief: (1) ineffective assistance of federal habeas counsel in violation of the Sixth Amendment; and (2) a coerced guilty plea in violation of due process. ECF No. 1 at 5, 7. Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the instant case, it is plain from the petition and appended exhibits that petitioner is not entitled to ///// ///// /////
1 He also seeks leave to proceed in forma pauperis. ECF…