(HC) Flores v. The People

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