Rodriguez

(HC) Evans v. Rodriguez

Good Law
United States District Court, Eastern District of CaliforniaAugust 4, 20231:23-cv-01025California634 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAMAL EVANS, Case No. 1:23-cv-01025-SAB-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

REMEDIES

S. RODRIGUEZ,

ORDER DIRECTING PETITIONER TO

Respondent. FILE MISSING ATTACHMENT

14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 10, 2023, the Court received the instant petition for writ of habeas corpus wherein Petitioner appears to challenge a prison disciplinary proceeding. (ECF No. 1.) Rule 4 of the Rules Governing Section 2254 Cases (“Habeas Rules”) 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 relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States…

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