Covello
(HC) Shotwell v. Covello
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 IMMANUEL SHOTWELL, Case No. 2:24-cv-00318-JDP (HC) 12 Petitioner, ORDER 13 v. SCREENING THE PETITION, OFFERING
LEAVE TO AMEND, AND GRANTING
14 PATRICK COVELLO, PETITIONER’S APPLICATION TO
PROCEED IN FORMA PAUPERIS
15 Respondent. ECF Nos. 1 & 2 16 17 18 Petitioner, a state prisoner, brings this action under § 2254 and alleges several claims 19 related to a conviction that was finalized in 2019. ECF No. 1 at 1-2. His petition appears to be 20 time-barred. I will give him leave to amend so that he may explain why it should proceed. 21 Additionally, I will grant petitioner’s application to proceed in forma pauperis. ECF No. 2. 22 The petition is before me for preliminary review under Rule 4 of the Rules Governing 23 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 24 the habeas petition and order a response to the petition unless it “plainly appears” that the 25 petitioner is not entitled to relief. …