(HC) Santoyo v. Sutter County

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE AGUILAR SANTOYO, No. 2:23-cv-02480-EFB (HC) 12 Petitioner, 13 v. ORDER 14 SUTTER COUNTY, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. 20 Examination of the affidavit reveals petitioner is unable to afford the costs of this action. 21 Accordingly, leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a). 22 Rule 4 of the Rules Governing Habeas Corpus Cases Under Section 2254 provides for 23 summary dismissal of a habeas petition “[i]f it plainly appears from the face of the petition and 24 any exhibits annexed to it that the petitioner is not entitled to relief in the district court.” In the 25 instant case, it is plain from the petition and appended exhibits that petitioner is not entitled to 26 federal habeas relief for two reasons. 27 //// 28 1 First, the docket reveals…