Edwards v. People of the State of California, et al

Filing 13

ORDER signed by Magistrate Judge Dale A. Drozd on 09/28/15 ordering petitioner's application for writ of habeas corpus is dismissed with leave to amend within 30 days from the date of this order. Petitioner's pending motions 5 , 8 , 11 , and 12 are denied without prejudice. The clerk of the court is directed to send petitioner the form petition for habeas corpus relief in this court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARRELL RAY EDWARDS,

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No. 2:15-cv-0055 DAD P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA et al.,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
PRELIMINARY SCREENING
After reviewing the petition filed in this action, the court has determined that it must be

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dismissed with petitioner being granted leave to file an amended petition. See Hendricks v.

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Vasquez, 908 F.2d 490, 491 (9th Cir.1990) (dismissal is appropriate when the allegations in a

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habeas petition are vague, conclusory, patently frivolous or false, or palpably incredible).

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Specifically, it is not clear from the petition and its attachments what judgment of conviction

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petitioner is challenging or, in the alternative, if he is attempting to challenge the outcome of a

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parole proceeding. It is also not clear from the allegations of the pending petition what

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petitioner’s claims for relief are in this federal habeas action.
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If petitioner elects to continue to pursue this action by filing an amended petition, he will

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need to specify therein what criminal conviction, if any, he is seeking to challenge, where that

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conviction was entered, and explain why he believes he is entitled to federal habeas relief. If

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petitioner is seeking to challenge a parole proceeding, he will need to specify when the

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challenged parole proceeding took place and explain why he believes he suffered a federal

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constitutional deprivation as a result of the decision issued in that proceeding.1

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Petitioner is advised that under Rule 2(c) of the Rules Governing Section 2254 Cases, a
federal habeas petition must:

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(1) specify all the grounds for relief available to the petitioner;

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(2) state the facts supporting each ground;

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(3) state the relief requested;

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(4) be printed, typewritten, or legibly handwritten; and

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(5) be signed under penalty of perjury….

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In addition, “the petition is expected to state facts that point to a ‘real possibility of constitutional

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error.’” Rule 4, Advisory Committee Note, Federal Rules Governing Section 2254 Cases.

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OTHER MATTERS

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Petitioner has also filed several lengthy motions with the court, including a motion styled

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“Motion for Order Safeguarding Constitutional Rights,” motions for extension of time to procure

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certain documents, and a motion to compel. As with petitioner’s federal habeas petition, these

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motions are difficult to decipher, and therefore, the court is unable to determine what relief

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petitioner seeks or whether petitioner is entitled to any relief with respect to his various motions.

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Insofar as petitioner seeks additional time to obtain documents in support of the allegations of his

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petition, for the reasons discussed above, the court is dismissing the petition and will grant

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petitioner additional time to file an amended petition. For all these reasons, the court will deny

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Petitioner is cautioned that in the parole context, “the procedures required are minimal.”
Swarthout v. Cooke, 562 U.S. 216, 220 (2011). A prisoner has received due process when he is
allowed “an opportunity to be heard” and is “provided a statement of the reasons why parole was
denied.” Id.
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petitioner’s pending motions without prejudice to their renewal at a later time should that become

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appropriate.

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If petitioner elects to continue to pursue habeas relief by filing an amended petition, he

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may file additional attachments or exhibits with it at that time. Petitioner is also advised that this

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court will not allow piecemeal filings in this action. If petitioner files an amended petition, it

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must be complete. If petitioner cannot complete his amended petition in the time provided by the

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court in this order, petitioner should file a request for an extension of time in which to do so.

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CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend
within thirty days from the date of this order;

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2. Any amended petition petitioner elects to file must be filed on the form employed by

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this court and must state all claims and prayers for relief on the form. It must also bear the case

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number assigned to this action and must bear the title “Amended Petition.” Petitioner’s failure to

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file an amended petition will result in the dismissal of this action;
3. Petitioner’s pending motions (Doc. Nos. 5, 8, 11 & 12) are denied without prejudice;

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and
4. The Clerk of the Court is directed to send petitioner the form petition for habeas corpus

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relief in this court.

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Dated: September 28, 2015

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Dated: September 28, 2015

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DAD:9
edwa0055.amd

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