Newsome

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS JOSEPH MELGER, No. 2:24-cv-00026 DB P 12 Petitioner, 13 v. ORDER AND 14 GAVIN NEWSOM, FINDINGS AND RECOMMENDATIONS 15 Respondent. 16 17 Petitioner, a state prisoner, filed a petition for writ of habeas corpus under 28 U.S.C. § 18 2254 and a motion to proceed in forma pauperis. (ECF Nos. 1, 2.) A district court may deny leave 19 to proceed in forma pauperis at the outset if it appears from the face of the proposed pleading that 20 the action is frivolous or without merit. Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1370 21 (9th Cir. 1987). Here, it clearly appears the court lacks habeas jurisdiction over the claims, which 22 are without merit. The request to proceed in forma pauperis should be denied and the petition 23 should be dismissed without leave to amend. 24 Petitioner also filed a “Request for Judicial Review….” (ECF No. 7.) The court construes 25 this request as a request for the court to screen the petition. So…