(HC)Manns
(HC)Manns v. Trate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY MANNS, No. 1:23-cv-01382-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT
TO ASSIGN DISTRICT JUDGE
v.
FINDINGS AND RECOMMENDATION
TRATE, TO SUMMARILY DISMISS PETITION Respondent. [THIRTY DAY OBJECTION DEADLINE] 16 Petitioner is a federal prisoner proceeding pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. He filed the instant petition on September 22, 2023. Petitioner takes issue with a disciplinary proceeding in which he was found guilty of possessing alcohol. Because the petition fails to state a claim for relief, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to…