Starr v. CDCR, et al.,

Filing 27

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2017 GRANTING petitioner's 21 request to proceed IFP. Petitioner's application for a writ of habeas corpus is SUMMARILY DISMISSED. Petitioner has 30 days to file an amended pe tition for a writ of habeas corpus curing the deficiencies identified in this order. The Clerk shall send petitioner the form for application for writ of habeas corpus. All outstanding motions are DENIED. The Clerks shall terminiate ECF Nos. 6 , 9 , 12 , 13 , 16 , 17 , 18 , 23 . (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBIN GILLEN STARR, 12 13 14 No. 2:16-cv-3033-GEB-EFB P Petitioner, v. ORDER CDCR, et al., 15 Respondents. 16 17 Petitioner is a state prisoner proceeding pro se on a petition for a writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254.1 Rule 4 of the Rules Governing Section 2254 Cases requires the 19 court to conduct a preliminary review of all petitions for writ of habeas corpus filed by state 20 prisoners. The court must summarily dismiss a petition if it “plainly appears . . . that the 21 petitioner is not entitled to relief . . . .” The court has conducted the review required under Rule 4 22 and will dismiss the petition with leave to amend because it violates Rule 2 of the Rules 23 Governing § 2254 Cases. 24 25 26 27 28 An application for federal habeas relief must specify all grounds for relief, state facts supporting each ground and state the relief requested. Rule 2(c), Rules Governing § 2254 Cases. 1 He has also filed an application to proceed in forma pauperis. See ECF No. 22. Examination of the in forma pauperis application reveals that he is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). 1 While under Ninth Circuit precedent, this court must liberally construe the allegations of a 2 prisoner proceeding without counsel, see Roy v. Lampert, 465 F.3d 964, 970 (9th Cir. 2006), the 3 court cannot grant relief based on conclusory allegations not supported by any specific facts, 4 Jones v. Gomez, 66 F.3d 199, 204-05 (9th Cir. 1995); James v. Borg, 24 F.3d 20, 26 (9th Cir. 5 1994). Moreover, a petitioner who seeks relief from multiple judgments must file a separate 6 petition as to each judgment. See Rule 2(e), Rules Governing § 2254 Cases. 7 Here, petitioner claims to challenge an “illegal sentence” and an “illegal enhancement” 8 imposed by the Yolo County and Los Angeles County Superior Courts. ECF No. 1 at 3. The 9 petition provides very little information regarding the factual basis of petitioner’s claims and does 10 not include a request for relief. Accordingly, petitioner’s application for writ of habeas corpus 11 will be summarily dismissed with leave to amend. Petitioner is cautioned that any amended 12 petition must challenge only one of his convictions and must state facts to support each ground 13 for relief. 14 The court also notes that after petitioner commenced this action, he filed numerous 15 additional documents, which are mostly incoherent and/or moot because they relate to petitioner’s 16 application for leave to proceed in forma pauperis. All outstanding motions and requests will be 17 denied and petitioner shall not file anything further with the court until the court has had an 18 opportunity to review petitioner’s amended petition. 19 Accordingly, it is ORDERED that: 20 1. Petitioner’s request for leave to proceed in forma pauperis (ECF No. 22) is granted. 21 2. Petitioner’s application for writ of habeas corpus (ECF No. 1) is summarily dismissed. 22 3. Petitioner has 30 days from the date of this order to file an amended petition for a writ 23 of habeas corpus curing the deficiencies identified in this order. The petition must bear the 24 docket number assigned to this action and be styled, “Amended Petition.” The petition must also 25 be complete in itself without reference to any prior petition. 26 27 4. Petitioner’s failure to comply with this order will result in a recommendation that this action be dismissed. 28 2 1 2 5. The Clerk of the Court is directed to send petitioner the court’s form for application for writ of habeas corpus. 3 6. All outstanding motions and requests are denied. 4 7. The Clerk is directed to terminate ECF Nos. 6, 9, 12, 13, 16, 17, 18, 21, 23. 5 DATED: March 13, 2017. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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