Phillips

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

RECOMMENDATIONS

v.

BRYAN D. PHILLIPS, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He argues that his constitutional rights were violated when state officials denied him a non-violent offender parole hearing. ECF No. 5 at 5-6. On April 6, 2023, I found that this claim did not present viable federal habeas claim and offered petitioner a chance to amend and explain why it should still proceed. ECF No. 4. Petitioner filed an amended petition which, after review, suffers from the same basic deficiency as the first. 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…