Cates

(HC) Sanchez v. Cates

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20241:24-cv-00134California863 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALEJANDRO SANCHEZ, Case No. 1:24-cv-00134-KES-SAB-HC

Petitioner, FINDINGS AND RECOMMENDATION TO

DISMISS PETITION

v. B. CATES, Respondent.

16 Petitioner 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. A federal court must dismiss a second or successive petition that raises the same grounds as a prior petition. 28 U.S.C. § 2244(b)(1). The court must also dismiss a second or successive petition raising…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.