Newsome

(HC) Melger v. Newsome

Good Law
United States District Court, Eastern District of CaliforniaMay 16, 20242:24-cv-00026California1,410 words

Opinion

Trial Court Opinion

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

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