(HC)Howell v. Warden

Filing 18

ORDER DISMISSING 16 First Amended Petition, WITH LEAVE TO FILE A SECOND AMENDED PETITION; Second Amended Petition due within Thirty (30) Days signed by Magistrate Judge Jennifer L. Thurston on 9/10/2020. (Attachments: # 1 2254 Petition)(Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONNIE E. HOWELL,
Petitioner,

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v.
ADMINISTRATOR OF ATASCADERO
STATE MENTAL HOSPITAL,
Respondent.

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Case No.: 1:20-cv-00731-NONE-JLT (HC)
ORDER DISMISSING FIRST AMENDED
PETITION WITH LEAVE TO FILE A SECOND
AMENDED PETITION
[THIRTY-DAY DEADLINE]

Petitioner filed a Petition for Writ of Habeas Corpus on May 12, 2020 in the United States

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District Court for the Northern District of California. (Doc. 1.) The Northern District transferred the

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petition to this Court on May 26, 2020. (Doc. 4.) The Court dismissed the petition with leave to file

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an amended petition because the petition failed to name the proper respondent. (Doc. 8.) The Court

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also found Petitioner may not have exhausted his state remedies, and the Court issued an order

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directing Petitioner to show cause why the petition should not be dismissed for failure to exhaust state

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remedies. (Doc. 9.) Petitioner filed a response to the order to show cause in which Petitioner appears

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to maintain he has exhausted his state remedies. (Doc. 14.) The Court discharged the order to show

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cause and directed Petitioner to file an amended petition. (Doc. 15.)

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On September 4, 2020, Petitioner did so. (Doc. 16.) The Court finds the petition fails to state

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a cognizable federal claim for relief. Therefore, the Court will dismiss the amended petition and direct

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Petitioner to file a second 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.

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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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Failure to State a Cognizable Federal Claim

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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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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

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Cases requires that the petition:

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(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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Petitioner has failed to comply with Rule 2(c) by failing to specify any ground for relief or the

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facts supporting his claims. It appears Petitioner attempts to reference and incorporate facts from

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previous filings, however, none are included. (See Doc. 16 at 5, 8.) Rule 2(c) requires that each ground

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for relief be clearly stated, along with providing specific factual allegations that support the grounds

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for relief. O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990); United States v. Popoola, 881 F.2d

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811, 812 (9th Cir. 1989). Additionally, Petitioner fails to state how the adjudication of his claims in

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state court resulted in a decision that was contrary to, or an unreasonable application of, clearly

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established Supreme Court authority. Therefore, Petitioner fails to state a cognizable federal habeas

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claim and the petition must be dismissed.

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Petitioner will be granted an opportunity to file a Second Amended Petition curing these

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deficiencies. Petitioner is advised that he should entitle his pleading, “Second Amended Petition,” and

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he should reference the instant case number.

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II.

ORDER

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Accordingly, the Court ORDERS:

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1) The First Amended Petition is DISMISSED WITHOUT PREJUDICE for failure to state a
cognizable federal claim for relief; and

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2) Petitioner is GRANTED thirty days from the date of service of this order to file a Second
Amended Petition.

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Petitioner is forewarned that his failure to comply with this Order will result in a
recommendation that the petition be dismissed pursuant to Local Rule 110.

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IT IS SO ORDERED.
Dated:

September 10, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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