Pfeifer

(HC) Harris v. Pfeifer

Good Law
United States District Court, Eastern District of CaliforniaApril 10, 20241:24-cv-00361California869 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ERNEST HARRIS, Case No. 1:24-cv-00361-EPG-HC

Petitioner, ORDER TO SHOW CAUSE WHY

PETITION SHOULD NOT BE DISMISSED

v. FOR FAILURE TO EXHAUST STATE

JUDICIAL REMEDIES

C. PFEIFER, et al., Respondents.

15 Petitioner Ernest Harris is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. I. DISCUSSION Rule 4 of the Rules Governing Section 2254 Cases requires preliminary review of a habeas petition and allows a district court to dismiss a petition before the respondent is ordered to file a response, if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Rule 4, Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254. In the petition, Petitioner challenges a loss of ninety days of credit along with other presentence…

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