(HC) Uhuru v. Allison ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 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 14 KATHLEEN ALLISON, J. BENAVIDEZ, CLAIM AND GRANTING LEAVE TO & ROBERT BURTON AMEND WITHIN THIRTY DAYS 15 Respondents. ECF Nos. 1 & 2 16 17 18 Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus 19 under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a viable federal 20 claim. I will give petitioner a chance to amend before recommending that this action be 21 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 23 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 24 the habeas petition and order a response to the petition unless it “plainly appears” that the 25 petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); 26 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 28 cannot determine whether he may be entitled to any relief. Moreover, the petition appears to 1 attack a conviction that occurred in 2000 and, thus, is likely time-barred. Petitioner may, if he 2 | chooses, file an amended petition that addresses these deficiencies. If he does not, I will 3 | recommend that this action be dismissed. If petitioner files an amended petition, he should 4 | subdivide it by claim so that I and respondents (if they are eventually served) may understand the 5 | 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 9 | entry. If he does not, I will recommend that the current petition be dismissed for the reasons 10 || stated in this order. 11 3. The Clerk of Court is directed to send petitioner a federal habeas form with this 12 | order. 13 4 IT IS SO ORDERED. 15 ( 1 Ow — Dated: _ December 21, 2022 Q_—_—. 16 JEREMY D. PETERSON 7 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28