Samuels
(HC) Allen v. Samuels
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE ALLEN, No. 1:23-cv-00503-HBK (HC) Petitioner, FINDINGS AND RECOMMENDATIONS TO
DISMISS PETITION FOR FAILURE TO
v. STATE A CLAIM1 D. SAMUELS, FOURTEEN-DAY OBJECTION PERIOD Respondent. (Doc. No. 1) ORDER DIRECTING CLERK OF COURT TO
ASSIGN DISTRICT JUDGE
18 Petitioner Clarence Allen (“Petitioner”), a state prisoner, initiated this action by filling a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 on April 4, 2023. (Doc. No. 1, “Petition”). This matter is now before the Court for preliminary review. See Rules Governing § 2254 Cases, Rule 4; 28 U.S.C. § 2243. For the reasons set forth below, the Court recommends that the Petition be DISMISSED without prejudice for failure to state a cognizable habeas claim. I. BACKGROUND To the extent discernable, Petitioner challenges the order of restitution fine…