Bonta

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID DANIEL CEPEDA, Case No. 2:23-cv-02014-DAD-JDP (HC) Petitioner, ORDER v. ROB BONTA, Respondent. 16 Petitioner, who is living in New Mexico and appears to no longer be incarcerated, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing his initial petition, I find that it fails to state a cognizable claim. I will give him leave to amend before recommending the petition be dismissed, however. Additionally, I will grant his application to proceed in forma pauperis. ECF No. 2. 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 Cir. 1998). …