Cisneros

(HC) McGraw v. Cisneros

Good Law
United States District Court, Eastern District of CaliforniaOctober 10, 20232:23-cv-01264California445 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH WAYNE MCGRAW, Case No. 2:23-cv-01264-JDP (HC) Petitioner, v. ORDER CISNEROS, Respondent. 16 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a cognizable claim. I will give petitioner leave to amend. I will also grant his petition to proceed in forma pauperis. ECF No. 6. 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 unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Petitioner’s claim (or claims) is difficult to grasp. He has not used a federal habeas form, and the…

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