Jose Andrew Arredondo v. Warden Calipatria State Prison et al

Filing 3

ORDER SUMMARILY DISMISSING HABEAS PETITION WITHOUT PREJUDICE AND ADMINISTRATIVELY CLOSING CASE by Judge Fernando M. Olguin. Accordingly, the Petition 1 is DISMISSED without prejudice. The Clerk is directed to administratively close this case. (See Order for Further Details) (kl)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JESSE ANDREW ARREDONDO, 12 Petitioner, 13 14 v. WARDEN, 15 Respondent. 16 17 ) ) ) ) ) ) ) ) ) ) Case No. SACV 16-2222-FMO (JPR) ORDER SUMMARILY DISMISSING HABEAS PETITION WITHOUT PREJUDICE AND ADMINISTRATIVELY CLOSING CASE On December 16, 2016, the Court received an envelope sent by 18 Petitioner, who is apparently an inmate at Calipatria State 19 Prison, containing nothing but a completely blank Petition for 20 Writ of Habeas Corpus form from the Southern District of 21 California.1 The Court’s review of the California Appellate 22 Courts Case Information website reveals that on April 27, 2016, 23 the California Supreme Court denied Petitioner’s Petition for 24 Review challenging a conviction or convictions from Orange 25 County. 26 Rule 4 of the Rules Governing Habeas Corpus Cases states 27 1 Petitioner neither paid the filing fee nor submitted a 28 request to proceed in forma pauperis. 1 1 that a district judge “must dismiss” a petition “[i]f it plainly 2 appears from the petition and any attached exhibits that the 3 petitioner is not entitled to relief.” See also C.D. Cal. R. 72- 4 3.2 (providing for magistrate judges to prepare summary-dismissal 5 orders for district judges’ signature). Summary dismissal is 6 appropriate when the petition is “vague [or] conclusory” or 7 “patently frivolous.” Hendricks v. Vasquez, 908 F.2d 490, 491 8 (9th Cir. 1990) (quoting Blackledge v. Allison, 431 U.S. 63, 759 76 (1977)). Here, the Petition is patently frivolous because it 10 is as conclusory as possible: it contains no allegations or 11 information of any kind. 12 Accordingly, the Petition is DISMISSED without prejudice. 13 The Clerk is directed to administratively close this case. 14 15 DATED: December 27, 2016 16 /s/ FERNANDO M. OLGUIN U.S. DISTRICT JUDGE 17 Presented by: 18 ___________________________ Jean Rosenbluth 19 U.S. Magistrate Judge 20 21 22 23 24 25 26 27 28 2

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