What is the test for a facially defective habeas petition?
MultiRegion, United States of America
The following excerpt is from Patterson v. Sherman, Case No. 1:18-cv-01688-DAD-JDP (E.D. Cal. 2020):
courts have "an active role in summarily disposing of facially defective habeas petitions." Ross v. Williams, 896 F.3d 958, 968 (9th Cir. 2018) (citation omitted). Rule 4 gives courts the "duty to screen out" petitions that are frivolous, vague, conclusory, "palpably incredible," "patently frivolous," or false. Id.
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