(HC) Grayson v. California Department of Corrections

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERICK DONTAY GRAYSON, No. 1:24-cv-00534-SKO (HC) 12 Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

13 v.

FINDINGS AND RECOMMENDATION

14 TO SUMMARILY DISMISS PREMATURE

CALIFORNIA DEPARTMENT OF PETITION

15 CORRECTIONS, [TWENTY-ONE DAY OBJECTION 16 Respondent. DEADLINE] 17 18 Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for 19 writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner filed the instant habeas petition on 20 May 6, 2024, challenging his 2020 conviction in Kern County Superior Court of forcible rape and 21 kidnapping. Because the petition is premature, the Court will recommend it be DISMISSED. 22 DISCUSSION 23 A. Preliminary Review of Petition 24 Rule 4 of the Rules Governing Section 2254 Cases allows a district court to dismiss a 25 petition if it “plainly appears from the petition and any attached exhibits that the…