Warden

(HC) Price v. Warden

Good Law
United States District Court, Eastern District of CaliforniaOctober 20, 20232:23-cv-01336California481 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT RICHARD PRICE, Case No. 2:23-cv-01336-JDP (HC) Petitioner, ORDER v. WARDEN, Respondent. 16 Petitioner, a detainee in the Rio Cosumnes Correctional Center proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it contains only unexhausted claims. I will give him leave to amend to explain why it should still be allowed to proceed. I will also grant his petition to proceed in forma pauperis. ECF No. 6, and deny his motion to appoint counsel, ECF No. 8. 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 to the petition 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…

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