(HC) Flores v. The People

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 JOAQUIN FLORES, ) Case No.: 1:24-cv-00444-SKO (HC) ) 12 Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION 13 v. ) ) [THIRTY DAY DEADLINE] 14 ) 15 THE PEOPLE, ) ) 16 Respondent. ) ) 17 18 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for writ of 19 habeas corpus pursuant to 28 U.S.C. § 2254. A preliminary screening of the petition reveals that the 20 petition fails to name a proper respondent, fails to demonstrate exhaustion of state remedies, and fails 21 to present cognizable grounds for relief. Therefore, the Court will DISMISS the petition with leave to 22 file an amended petition. 23 I. DISCUSSION 24 A. Preliminary Review of Petition 25 Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary 26 review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it 27 plainly…