Vaughn v. On Habeas Corpus

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/21/16 ORDERING that the petition is DISMISSED without prejudice pursuant to Habeas Rules 2(c) and 4; The Clerk of Court is directed to send petitioner a copy of the court's form for co mmencing federal habeas actions; Petitioner is granted 30 days from the date of this order to file an amended petition as described above; and petitioner's failure to timely file an amended petition will result in dismissal of this action.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARK A. VAUGHN,

12
13
14
15

No. 2:16-cv-2384 CKD P

Petitioner,
v.

ORDER

ON HABEAS CORPUS,
Respondent.

16
17
18
19

Petitioner, a state prisoner proceeding pro se and in forma pauperis, has filed a petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner challenges a prison disciplinary conviction for distribution of a controlled

20

substance, for which he lost custody credits. He also alleges that prison staff seized his personal

21

property in violation of state regulations. (ECF No. 1.)

22

First, petitioner’s property claims are not cognizable on habeas review. A habeas corpus

23

petition is the correct method for a prisoner to challenge the legality or duration of his

24

confinement. Badea v. Cox, 931 F.2d 573, 574 (9th Cir.1991) (quoting Preiser v. Rodriguez, 411

25

U.S. 475, 485 (1973)); Advisory Committee Notes to Habeas Rule 1, 1976 Adoption. In contrast,

26

a civil rights action pursuant to 42 U.S.C. § 1983 is the proper method for a prisoner to challenge

27

the conditions of that confinement. McCarthy v. Bronson, 500 U.S. 136, (1991); Preiser, 411

28

U.S. at 499; Badea, 931 F.2d at 574; Advisory Committee Notes to Habeas Rule 1, 1976
1

1

Adoption. Insofar as petitioner’s claims do not relate to the duration of his confinement, they are

2

not properly brought within this federal habeas action.

3

Second, Habeas Rule 2(c) requires that a petition 1) specify all grounds of relief available

4

to the petitioner; 2) state the facts supporting each ground; and 3) state the relief requested.

5

Notice pleading is not sufficient; rather, the petition must state facts that point to a real possibility

6

of constitutional error.” Rule 4, Advisory Committee Notes, 1976 Adoption; see Blackledge v.

7

Allison, 431 U.S. 63, 75 n. 7 (1977). Allegations in a petition that are vague, conclusory, or

8

palpably incredible are subject to summary dismissal. Hendricks v. Vasquez, 908 F.2d 490, 491

9

(9th Cir. 1990).

10
11

An inmate’s rights arising under federal law concerning disciplinary proceedings which
result in the loss of good conduct sentence credit are, generally speaking, limited to the following:

12

1) Advance written notice of the charges;

13

2) An opportunity, when consistent with institutional safety and correctional goals, to call

14
15
16
17
18
19
20
21

witnesses and present documentary evidence in his or her defense;
3) A written statement by the fact-finder of the evidence relied on and the reasons for the
disciplinary action; and
4) That the findings of the prison disciplinary board be supported by some evidence in the
record. Superintendent v. Hill, 472 U.S. 445, 454 (1985).
Here, the petition does not meet the pleading requirements of Habeas Rule 2(c) or show
why petitioner’s due process rights were violated under the above standard.
Accordingly, the court will summarily dismiss the petition. Petitioner will be granted

22

thirty days to file an amended petition that complies with Rule 2(c) and all other applicable rules.

23

In any amended petition, petitioner should complete the court’s form for initiating a habeas

24

action, briefly state the factual and legal bases for his federal constitutional claims, and attach

25

supporting documents as needed.

26

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

27

1. The petition is dismissed without prejudice pursuant to Habeas Rules 2(c) and 4;

28

2. The Clerk of Court is directed to send petitioner a copy of the court’s form for
2

1

commencing federal habeas actions;

2
3

3. Petitioner is granted thirty days from the date of this order to file an amended petition
as described above; and
4. Petitioner’s failure to timely file an amended petition will result in dismissal of this

4
5

action.

6

Dated: October 21, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12

2 / vaug2384.R2(c)

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3