Briggs v. Board of Parole Hearings et al
Filing
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ORDER DISMISSING PETITION WITH LEAVE TO AMEND signed by Magistrate Judge Jennifer L. Thurston on 11/8/2017. First Amended Petition due within thirty (30) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LEE BRIGGS,
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Petitioner,
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v.
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D. BAUGHMAN, Warden, et al.,
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Respondents.
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Case No.: 1:17-cv-01497-JLT (HC)
ORDER DISMISSING PETITION WITH LEAVE
TO FILE A FIRST AMENDED PETITION
[THIRTY DAY DEADLINE]
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Petitioner filed a federal habeas petition in the Central District of California on October 31,
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2017. On November 7, 2017, the District Court determined venue was proper in the Eastern District
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and transferred the case. A preliminary screening of the petition reveals that the petition fails to
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present any cognizable grounds for relief. Therefore, the Court will DISMISS the petition with leave
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to file an amended petition.
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I.
DISCUSSION
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A. Preliminary Review of Petition
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Rule 4 of the Rules Governing Section 2254 Cases requires the Court to make a preliminary
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review of each petition for writ of habeas corpus. The Court must summarily dismiss a petition “[i]f it
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plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in
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the district court . . . .” Rule 4; O’Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990). The Advisory
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Committee Notes to Rule 8 indicate that the Court may dismiss a petition for writ of habeas corpus,
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either on its own motion under Rule 4, pursuant to the respondent’s motion to dismiss, or after an
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answer to the petition has been filed.
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B. Failure to State a Cognizable Federal Claim
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The basic scope of habeas corpus is prescribed by statute. Title 28 U.S.C. § 2254(a) states:
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The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain
an application for a writ of habeas corpus in behalf of a person in custody pursuant to a
judgment of a State court only on the ground that he is in custody in violation of the
Constitution or laws or treaties of the United States.
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(emphasis added). See also Rule 1 to the Rules Governing Section 2254 Cases in the United States
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District Court. The Supreme Court has held that “the essence of habeas corpus is an attack by a
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person in custody upon the legality of that custody . . .” Preiser v. Rodriguez, 411 U.S. 475, 484
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(1973).
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In order to succeed in a petition pursuant to 28 U.S.C. § 2254, Petitioner must demonstrate that
the adjudication of his claim in state court
(1) resulted in a decision that was contrary to, or involved an unreasonable application
of, clearly established Federal law, as determined by the Supreme Court of the United
States; or (2) resulted in a decision that was based on an unreasonable determination of
the facts in light of the evidence presented in the State court proceeding.
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28 U.S.C. § 2254(d)(1),(2).
In addition to the above, Rule 2(c) of the Rules Governing Section 2254 Cases requires that the
petition:
(1)
(2)
(3)
(4)
(5)
Specify all the grounds for relief available to the petitioner;
State the facts supporting each ground;
State the relief requested;
Be printed, typewritten, or legibly handwritten; and
Be signed under penalty of perjury by the petitioner or by a person authorized to sign it for
the petitioner under 28 U.S.C. § 2242.
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In this case, Petitioner’s claims are unintelligible. In the space provided for his ground for
relief, Petitioner states:
Due process to speedy trial and revocation hearing compromise by unessary [sic] delay
and illegal evidence Valdivia permanent injunction parole revocation time restraint
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requirements violated by Board of Prison Terms and Fresno Superior Court for case
F10901778 without good cause to delay or denie [sic] due process.
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See Pet. at 5.
Petitioner fails to specify any discernable ground for relief, he provides no facts in support, and
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he fails to state the relief requested. Moreover, he fails to state a violation of his constitutional rights,
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and he fails to state how the denial of his claim by the state court was contrary to or an unreasonable
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application of Supreme Court authority, or an unreasonable determination of the facts. Merely
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claiming a violation of due process does not state a claim. Notice pleading is not sufficient; the
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petition must state facts that point to a real possibility of constitutional error. Blackledge v. Allison,
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431 U.S. 63, 75 n.7 (1977). Petitioner’s allegations are vague, conclusory, and unintelligible and are
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therefore subject to summary dismissal. Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990).
Petitioner will be granted an opportunity to file a First Amended Petition curing these
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deficiencies. Petitioner is advised that he should entitle his pleading, “First Amended Petition,” and he
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should reference the instant case number. Failure to comply with this order will result in dismissal of
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the action.
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III.
ORDER
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Accordingly, the Court ORDERS:
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1) The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE for
failure to state a claim; and
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2) Petitioner is GRANTED thirty days from the date of service of this order to file a First
Amended Petition.
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IT IS SO ORDERED.
Dated:
November 8, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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