Newsom

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DURAN, Case No. 2:23-cv-01910-JDP (HC) Petitioner, ORDER v. GAVIN NEWSOM, Respondent. 16 Petitioner, a state prisoner represented by counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. He argues that no evidence supports the state’s denial of his parole. 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. 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). Petitioner argues that no evidence supports the state’s…