Brown v. Beard

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/2015 GRANTING petitioner's 2 request to proceed IFP; petitioner's petition for a writ of habeas corpus is SUMMARILY DISMISSED; this case is CLOSED; and the court DECLINES to issue the certificate of appealability referenced in 28 U.S.C. § 2253. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE CHARLES BROWN,

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Petitioner,

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No. 2:15-cv-0659 CKD P

v.

ORDER

JEFFREY BEARD,

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Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254. He has filed a request for leave to proceed in forma

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pauperis and has consented to have all matters in this action before a United States Magistrate

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Judge. See 28 U.S.C. § 636.
Examination of the in forma pauperis application reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See

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28 U.S.C. § 1915(a).
Under Rule 4 of the Rules Governing Section 2254 Cases, the court is required to conduct

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a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. The court

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must summarily dismiss a petition if it “plainly appears . . . that the petitioner is not entitled to

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relief. . .” The court has conducted the review required under Rule 4.

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While it is not entirely clear, it appears petitioner is attempting to assert claims on behalf

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of a prison staff member. Apparently the staff member referenced by plaintiff has been harassed

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by other inmates. What is clear is that because petitioner seeks neither earlier release, nor

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reversal of his convictions, he cannot obtain habeas relief. See 28 U.S.C. § 2254(a) (habeas

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petition brought by state prisoner must concern whether he or she is in custody in violation of

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federal law). Accordingly, this action will be summarily dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s request for leave to proceed in forma pauperis (ECF No. 2) is granted;

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2. Petitioner’s petition for a writ of habeas corpus is summarily dismissed;

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3. This case is closed; and

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4. The court declines to issue the certificate of appealability referenced in 28 U.S.C. §

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2253.

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Dated: April 13, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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brow0659.dis

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