(HC) Grayson v. California Department of Corrections

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERICK DONTAY GRAYSON, No. 1:24-cv-00534-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

TO SUMMARILY DISMISS PREMATURE

CALIFORNIA DEPARTMENT OF PETITION

CORRECTIONS, [TWENTY-ONE DAY OBJECTION Respondent. DEADLINE] 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. Petitioner filed the instant habeas petition on May 6, 2024, challenging his 2020 conviction in Kern County Superior Court of forcible rape and kidnapping. Because the petition is premature, the Court will recommend it be DISMISSED. DISCUSSION A. Preliminary Review of Petition Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a petition if it “plainly appears from the petition and any attached exhibits that the…