(HC) Uhuru v. Allison

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA KOHEN DIALLO E. UHURU, Case No. 2:22-cv-02024-JDP (HC) 12 Petitioner, ORDER GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS AND 13 v. FINDING THAT THE PETITION DOES NOT STATE A COGNIZABLE SECTION 2254 KATHLEEN ALLISON, J. BENAVIDEZ, CLAIM AND GRANTING LEAVE TO & ROBERT BURTON AMEND WITHIN THIRTY DAYS Respondents. ECF Nos. 1 & 2 18 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a viable federal claim. I will give petitioner a chance to amend before recommending that this action be dismissed. I will also grant his application to proceed in forma pauperis, ECF No. 2.

22 The petition is before me for preliminary review under Rule 4 of the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine the habeas petition and order a response to the petition unless it “plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998).

27 Petitioner’s lack of organization makes his petition impossible to understand. As such, I cannot determine whether he may be entitled to any relief. Moreover, the petition appears to attack a conviction that occurred in 2000 and, thus, is likely time-barred. Petitioner may, if he | chooses, file an amended petition that addresses these deficiencies. If he does not, I will | recommend that this action be dismissed. If petitioner files an amended petition, he should | subdivide it by claim so that I and respondents (if they are eventually served) may understand the | specifics of his claims.

6 It is ORDERED that: 7 1. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED.

8 2. Petitioner may file an amended § 2254 petition within thirty days of this order’s | entry. If he does not, I will recommend that the current petition be dismissed for the reasons || stated in this order.

11 3. The Clerk of Court is directed to send petitioner a federal habeas form with this | order.

4 IT IS SO ORDERED.

15 ( 1 Ow — Dated: _ December 21, 2022 Q_—_—.

16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE