(HC) Potter v. State of Idaho

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ONIS CARRABINE POTTER, Case No. 2:23-cv-02489-JDP (HC) Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

v. PAUPERIS STATE OF IDAHO, ECF No. 6 Respondent. FINDINGS AND RECOMMENDATIONS

THAT THE PETITION BE DISMISSED FOR

FAILURE TO STATE A VIABLE CLAIM ECF No. 1 18 Petitioner, an inmate in the Sacramento County Jail, seeks a writ of habeas corpus under 19 28 U.S.C. § 2254. He acknowledges, however, that he has not yet been convicted. ECF No. 1 at 20 1. Thus, he is not entitled to relief under 28 U.S.C. § 2254. I recommend that his petition be 21 denied. I will grant his application to proceed in forma pauperis. ECF No. 6. 22 The petition is before me for preliminary review under Rule 4 of the Rules Governing 23 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 24 the habeas petition and order a…