(HC) Cepeda v. Bonta ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID DANIEL CEPEDA, Case No. 2:23-cv-02014-DAD-JDP (HC) 12 Petitioner, ORDER 13 v. 14 ROB BONTA, 15 Respondent. 16 17 Petitioner, who is living in New Mexico and appears to no longer be incarcerated, seeks a 18 writ of habeas corpus under 28 U.S.C. § 2254. After reviewing his initial petition, I find that it 19 fails to state a cognizable claim. I will give him leave to amend before recommending the 20 petition be dismissed, however. Additionally, I will grant his application to proceed in forma 21 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 raises claims related to a 2008 conviction and his placement on a sex offender 28 registry. ECF No. 1 at 1-2, 4-5. The latter claims are not cognizable because placement on a sex 1 | offender registry does not render petitioner “in custody” for habeas purposes, and section 2254 2 || relief is thus unavailable on those claims. See Williamson v. Gregoire, 151 F.3d 1180, 1183 (9th 3 | Cir. 1998). And, given that this petition was filed in September 2023, any claims related to 4 || petitioner’s conviction in 2008 appear, even allowing for possible tolling, well past the one-year 5 | statute of limitations for federal habeas actions set by the Anti-Terrorism and Effective Death 6 | Penalty Act. See Pace v. DiGuglielmo, 544 U.S. 408, 410 (2005). 7 I will give petitioner an opportunity to amend and explain why this action should still 8 || proceed. 9 It is ORDERED that: 10 1. The Clerk of Court is directed to send petitioner a federal § 2254 habeas form. 11 2. Within thirty days of this order’s entry, petitioner may file an amended habeas 12 | petition. If he does not, I will recommend this action be dismissed. 13 3. Petitioner’s application to proceed in forma pauperis, ECF No. 2, is GRANTED. 14 1s IT IS SO ORDERED. 16 | q Sty — Dated: _ November 30, 2023 Q_-——— 17 JEREMY D. PETERSON 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28