Phillips

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 FREEMAN ALLAN FELDER, Case No. 2:23-cv-00895-DJC-JDP (HC) Petitioner, ORDER AND FINDINGS AND

RECOMMENDATIONS

v.

BRYAN D. PHILLIPS, Respondents. 14 15 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. 16 § 2254. He admits, however, that he has not exhausted his claims in state court, and I recommend 17 dismissal on that basis. ECF No. 1 at 7. I will also grant petitioner’s application to proceed in 18 forma pauperis. ECF No. 2. 19 The amended petition is before me for preliminary review under Rule 4 of the Rules 20 Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must 21 examine the habeas petition and order a response to the petition unless it “plainly appears” that 22 the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 23 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). 24 Petitioner admits that he did not exhaust his claims by presenting them to the…