Shepherd v. Montgomery

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 6/26/14 ORDERING that Petitioners application for writ of habeas corpus is dismissed with leave to amend within 30 days from the date of this order; Clerk of the Court is directed to send petitioner the courts form for filing an application for writ of habeas corpus.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASON D. SHEPHERD,

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Petitioner,

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No. 2:14-cv-1314 JAM KJN P

v.

ORDER

MONTGOMERY,

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Respondents.

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

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pursuant to 28 U.S.C. § 2254. Petitioner paid the filing fee.

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Petitioner has failed to specify the grounds for relief in his petition, See Rule 2(c), Rules

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Governing § 2254 Cases. Moreover, although petitioner states “refer to appellant’s opening brief

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in Case #C065832/Petition for Review” in the supporting facts section for ground one, petitioner

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did not provide a copy of the petition for review. Rule 2(c) requires that the petition specify all

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the grounds for relief available to the petitioner, state the facts supporting each ground, and state

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the relief requested. Id. Petitioner is granted leave to amend the petition, and shall file his

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amended petition on the form used by this district. Petitioner is cautioned that failure to timely

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comply with this order will result in a recommendation that this action be dismissed.

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Therefore, IT IS HEREBY ORDERED that:

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1. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend

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within thirty days from the date of this order;
2. Any amended petition must bear the case number assigned to this action and the title
“Amended Petition”; and
3. The Clerk of the Court is directed to send petitioner the court’s form for filing an

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application for writ of habeas corpus.

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Dated: June 26, 2014

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/shep1314.114

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