Dumont v. Superior Court El Dorado County

Filing 32

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH E. DUMONT,

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No. 2:13-CV-2541-CMK-P

Petitioner,
vs.

ORDER

SUPERIOR COURT EL
DORADO COUNTY,

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Respondent.
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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

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amend because petitioner had not named the proper respondent. Petitioner filed his first

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amended petition on March 4, 2014, but names as respondent “California Superior Court,” which

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is not the proper respondent. Additionally, petitioner has filed a number of supplements and

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amendments, including a motion to add further grounds for relief (Doc. 31), to the first amended

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petition, none of which are complete in and of themselves. Petitioner’s request for leave to add

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further grounds for relief will be granted and petitioner’s first amended petition will be dismissed

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with leave to amend to: (1) name the proper respondent; and (2) to include all grounds for relief

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in a single amended petition.
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Also before the court is petitioner’s motion (Doc. 19) for an order to provide him

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with a copy of a report he filed with the El Dorado County Sheriff’s Department. Petitioner’s

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motion is construed as a motion for leave to conduct discovery and, so construed, is denied as

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premature pending the filing of a complete petition naming the proper respondent and containing

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cognizable claims suitable for service and response.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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Petitioner’s motion (Doc. 19) is construed as a motion for leave to conduct

discovery and, so construed, is denied as premature;

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2.

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dismissed with leave to amend;

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3.

All supplements related to the amended petition (Docs. 25, 26, 28, and 30)

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Petitioner’s motion for leave to present additional grounds for relief (Doc.

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Petitioner shall file an amended petition, on the form provided by the

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are stricken;

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Petitioner’s amended petition for a writ of habeas corpus (Doc. 23) is

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Clerk of the Court, which names the proper respondent and contains all asserted grounds from

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relief and supporting documentation in a single pleading, within 30 days of the date of this order;

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and

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6.

The Clerk of the Court is directed to forward to petitioner the court’s form

Section 2254 Habeas Petition.

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DATED: July 24, 2014
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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