Jackson v. Fox

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 5/4/15 ORDERING that petitioners original petition for writ of habeas corpus, ECF No. 1 , is dismissed with leave to amend. Within 30 days after the filing date of this order, petitioner shall fil e an amended petition for writ of habeas corpus that conforms to the requirements of Rule 2(c), Rules Governing § 2254 Cases. The Clerk of Court is directed to send petitioner, together with a copy of this order, the following: (a) a form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254; and (b) a copy of petitioners endorsed original petition filed March 13, 2015 (ECF No. 1 ).(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAYMOND D. JACKSON, SR.,

12

Petitioner,

13
14

No. 2:15-cv-0573 GEB AC P

v.

ORDER

ROBERT FOX, Warden,

15

Respondent.

16
Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas

17
18

corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Review of the petition demonstrates that it is incomplete. Referenced exhibits are not

19
20

provided. For example, the petition references a typewritten petition “attached hereto,” that is not

21

attached. See ECF No. 1 at 5. The petition also fails to specify the asserted grounds for relief, as

22

required by Rule 2(c), Rules Governing § 2254 Cases. The petition states that this action “does

23

not concern my criminal conviction.” Id. at 1. While the petition identifies a criminal charge

24

referred to the Solano County Superior Court, it states that the charge was “ultimately

25

discharged.” Id. at 4. In the absence of cognizable grounds for relief, the petition must be

26

dismissed. However, petitioner will be granted leave to file an amended petition for writ of

27

habeas corpus.

28

////
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Petitioner’s original petition for writ of habeas corpus, ECF No. 1, is dismissed with

3
4

leave to amend.
2. Within 30 days after the filing date of this order, petitioner shall file an amended

5

petition for writ of habeas corpus that conforms to the requirements of Rule 2(c), Rules

6

Governing § 2254 Cases.

7

3. The Clerk of Court is directed to send petitioner, together with a copy of this order, the

8

following: (a) a form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254; and (b) a

9

copy of petitioner’s endorsed original petition filed March 13, 2015 (ECF No. 1).

10

4. Failure of petitioner to timely file an amended petition for writ of habeas corpus will

11

result in a recommendation that his action be dismissed without prejudice.

12

DATED: May 4, 2015

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2