James v. Singh

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/13/12 ORDERING that 2 Motion to Proceed IFP is GRANTED; Petitioners application for writ of habeas corpus is DISMISSED; the Clerk of the Court is directed to send petitioner the courts form application for writ of habeas corpus by state prisoners; and Petitioner is granted 30 days within which to file an amended petition for writ of habeas corpus on the form provided by the Clerk of the Court.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES C. JAMES,

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Petitioner,

No. 2:12-cv-1754 CKD P

Respondent.

ORDER

vs.
V. SINGH,

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis.

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Examination of the in forma pauperis application reveals that petitioner is unable

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to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be

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granted. See 28 U.S.C. § 1915(a)

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In his habeas petition, petitioner challenges dispositions from two separate prison

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disciplinary proceedings. However, petitioner may only challenge one disciplinary proceeding

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per habeas action. See Rule 2(e), Rules Governing Section 2254 Cases (habeas petitioner may

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challenge judgment of only one state court per habeas petition); Crane v. McDonald, No. CIV-S-

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09-1511 DAD P, 2010 WL 3633616, at *3 (E.D. Cal., Nov. 18, 2010) (habeas petitioner may not
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challenge two parole proceedings in same action); Melchhionne v. Tilton, No. 1:08-cv-00116

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OWW DLB HC, 2008 WL 608385, at *2 (E.D. Cal. March 4, 2008) (habeas petitioner must file

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three different actions to challenge prison disciplinary proceedings, denial of parole and

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conviction).

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In light of the foregoing, petitioner’s original habeas petition will be dismissed.

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Petitioner will be granted leave to submit an amended petition in which petitioner challenges

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either of the disciplinary proceedings addressed in his original petition, but not both. If petitioner

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wishes to challenge other disciplinary proceedings, he must initiate a separate action. Failure to

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file an amended petition which complies with this order will result in a recommendation that this

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action be dismissed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for leave to proceed in forma pauperis is granted;

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2. Petitioner’s application for writ of habeas corpus is dismissed;

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3. The Clerk of the Court is directed to send petitioner the court’s form-

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application for writ of habeas corpus by state prisoners; and

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4. Petitioner is granted thirty days within which to file an amended petition for

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writ of habeas corpus on the form provided by the Clerk of the Court. In the amended petition

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petitioner may challenge only one disposition from prison disciplinary disposition.

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Dated: July 13, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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jame1754.dis

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