Newson

(HC) McKiney v. Newson

Good Law
United States District Court, Eastern District of CaliforniaApril 16, 20242:24-cv-00680California1,319 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALONZO MCKINNEY, No. 2:24-cv-0680 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

NEWSOM, Respondent. 16 Petitioner, a state prisoner proceeding pro se, filed this action under 28 U.S.C. §2254. Before the court are petitioner’s petition for a writ of habeas corpus for screening and his request to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(a). Rule 4 of the Rules Governing § 2254 Cases requires the court to make a preliminary review of each petition for writ of habeas corpus. Pro se habeas corpus petitions are to be liberally construed. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). The court must dismiss a petition "[i]f it plainly appears from the petition . . . that the petitioner is not entitled to…

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