Jones

(HC) Lattin v. Jones

Good Law
United States District Court, Eastern District of CaliforniaMay 14, 20242:23-cv-02916California631 words

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 STEPHEN JAMES LATTIN Case No. 2:23-cv-02916-JDP (HC) 12 Petitioner, ORDER 13 v. SCREENING THE PETITION, OFFERING

LEAVE TO AMEND, AND GRANTING

14 GENA JONES, PETITIONER’S APPLICATION TO

PROCEED IN FORMA PAUPERIS

15 Respondent. ECF Nos. 1 & 6 16 17 Petitioner, a state prisoner, brings this action under section 2254 and alleges that state 18 officials have failed to correctly calculate his release date. ECF No. 1 at 6-7. His petition, as 19 articulated, fails to state a cognizable federal habeas claim. I will give him leave to amend. 20 Additionally, I will grant petitioner’s application to proceed in forma pauperis. ECF No. 6. 21 The petition is before me for preliminary review under Rule 4 of the Rules Governing 22 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 23 the habeas petition and order a response to the petition unless it “plainly appears” that the 24 petitioner is not entitled to relief. See Valdez…

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