Macomber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN MARCUS ZINMAN, Case No. 2:23-cv-02404-JDP (HC) 12 Petitioner, ORDER 13 v. SCREENING THE PETITION AND

OFFERING LEAVE TO AMEND, AND

14 JEFF MACOMBER, DENYING PETITIONER’S MOTION TO

SUBMIT MATERIALS

15 Respondent. ECF Nos. 1 & 10 16 17 18 19 20 21 Petitioner, a state prisoner, brings this action under section 2254 and alleges that his 22 conviction is invalid because the state lacked jurisdiction over him because he is a “public entity” 23 that is incorporated in Idaho. ECF No. 1 at 2. I have reviewed the petition and have determined 24 that it fails to state a viable federal habeas claim. I will give petitioner one opportunity to amend 25 before recommending this action be dismissed. I will also defer ruling on his motion for 26 summary judgment, ECF No. 9, until he files his amended petition and deny his motion to submit 27 materials. 28 1 The petition is before me for preliminary review under Rule 4 of the Rules Governing 2 Section…