Campbell

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CESARIO MEDINA, Case No. 1:23-cv-00381-EPG-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS FIRST AMENDED PETITION

v. FOR WRIT OF HABEAS CORPUS

TAMMY CAMPBELL, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

Respondent.

14 Petitioner Cesario Medina is a state prisoner proceeding pro se with a first amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Given that the instant petition challenges conditions of confinement and thus, is not cognizable in federal habeas corpus, the undersigned recommends that the petition be dismissed. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…