Opinion

(HC) Manley v. Campbell

Court
District Court, E.D. California
Filed
Feb 22, 2023
Cited by
0 cases
Authority
More cited than 18.3%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 NABIL IBN MANLEY, Case No. 2:23-cv-00039-JDP (HC)

12 Petitioner, ORDER GRANTING PETITIONER’S

APPLICATION TO PROCEED IN FORMA

13 v. PAUPERIS

14 TAMMY CAMPBELL, ECF No. 5

15 Respondent. SCREENING ORDER FINDING THAT THE

PETITION DOES NOT STATE A

16 COGNIZABLE SECTION 2254 CLAIM AND

GRANTING LEAVE TO AMEND WITHIN

17 THIRTY DAYS

18 ECF No. 1

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Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus

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under 28 U.S.C. § 2254. After reviewing the petition, I find that it fails to state a viable claim. I

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will give petitioner a chance to amend before recommending that this action be dismissed.

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Additionally, I will grant his application to proceed in forma pauperis. ECF No. 5.

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The petition is before me for preliminary review under Rule 4 of the Rules Governing

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Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine

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the habeas petition and order a response to the petition unless it “plainly appears” that the

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petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019);

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Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998).

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1 Petitioner argues that the parole board used an “unfair and systemically biased risk

2 || assessment instrument” in its decision to deny him parole. ECF No. 1 at 4. A parole denial may

3 | be challenged via section 2254, but a petitioner is entitled only to minimal safeguards. Federal

4 | law requires only that the state “provides an inmate seeking parole with an opportunity to be

5 | heard and ...a statement of the reasons why parole was denied.” Styre v. Adams, 645 F.3d 1106,

6 1108 (9th Cir. 2011); see also Swarthout v. Cooke, 562 U.S. 216, 220 (2011). Petitioner does not

7 | allege that he was denied either an opportunity to be heard or a statement of reasons for denial of

8 | parole.

9 Petitioner may, if he chooses, file an amended petition that explains why his claims should

10 | be allowed to proceed. If he does not, I will recommend that this action be dismissed.

11 It is ORDERED that:

12 1. Petitioner may file an amended § 2254 petition within thirty days of this order’s

13 | entry. If he does not, I will recommend that the current petition be dismissed for the reasons

14 || stated in this order.

15 2. The Clerk of Court is directed to send petitioner a federal § 2254 habeas form with

16 | this order.

17 3. Petitioner’s application to proceed in forma pauperis, ECF No. 5, is GRANTED.

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19 IT IS SO ORDERED.

20 ( q oy —

Dated: _ February 22, 2023 q———

21 JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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