Dumont v. Superior Court El Dorado County
ORDER signed by Magistrate Judge Craig M. Kellison on 07/24/14 Petitioner's motion 19 is construed as a motion for leave to conduct discovery and, so construed, is denied as premature. Petitioner's amended petition for a writ of habeas corpus 23 is dismissed with leave to amend. All supplements related to the amended petition 25 , 26 , 28 and 30 are stricken. Petitioner's motion for leave to present additional grounds for relief 31 is granted. Petitioner shall fil e an amended petition on the form provided by the clerk of the court which names the proper respondent and contains all asserted grounds from relief and supporting documentation in a single pleading within 30 days of the date of this order. The clerk of the court shall forward to petitioner the court's form section 2254 habeas petition. (Plummer, M)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
RALPH E. DUMONT,
SUPERIOR COURT EL
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254.
On February 24, 2014, the court dismissed petitioner’s petition with leave to
amend because petitioner had not named the proper respondent. Petitioner filed his first
amended petition on March 4, 2014, but names as respondent “California Superior Court,” which
is not the proper respondent. Additionally, petitioner has filed a number of supplements and
amendments, including a motion to add further grounds for relief (Doc. 31), to the first amended
petition, none of which are complete in and of themselves. Petitioner’s request for leave to add
further grounds for relief will be granted and petitioner’s first amended petition will be dismissed
with leave to amend to: (1) name the proper respondent; and (2) to include all grounds for relief
in a single amended petition.
Also before the court is petitioner’s motion (Doc. 19) for an order to provide him
with a copy of a report he filed with the El Dorado County Sheriff’s Department. Petitioner’s
motion is construed as a motion for leave to conduct discovery and, so construed, is denied as
premature pending the filing of a complete petition naming the proper respondent and containing
cognizable claims suitable for service and response.
Accordingly, IT IS HEREBY ORDERED that:
Petitioner’s motion (Doc. 19) is construed as a motion for leave to conduct
discovery and, so construed, is denied as premature;
dismissed with leave to amend;
All supplements related to the amended petition (Docs. 25, 26, 28, and 30)
Petitioner’s motion for leave to present additional grounds for relief (Doc.
Petitioner shall file an amended petition, on the form provided by the
Petitioner’s amended petition for a writ of habeas corpus (Doc. 23) is
31) is granted;
Clerk of the Court, which names the proper respondent and contains all asserted grounds from
relief and supporting documentation in a single pleading, within 30 days of the date of this order;
The Clerk of the Court is directed to forward to petitioner the court’s form
Section 2254 Habeas Petition.
DATED: July 24, 2014
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?