(HC) LaFlamme v. Lynch

Filing 12

ORDER signed by Magistrate Judge Jeremy D. Peterson on 6/2/2021 GRANTING #11 Motion to Proceed IFP; ORDERING Petitioner may file an amended petition within 60 days of this order's entry; and ORDERING Clerk to send Petitioner a federal habeas form. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DON LAFLAMME,

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Petitioner,
v.
JEFF LYNCH,

ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS
ECF No. 11

Respondent.

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ORDER FINDING THAT THE PETITION
DOES NOT STATE A COGNIZABLE
FEDERAL CLAIM AND GIVING LEAVE TO
AMEND WITHIN SIXTY DAYS
ECF No. 1

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Case No. 2:21-cv-00756-JAM-JDP (HC)

The petitioner, Don LaFlamme, is a state prisoner seeking a writ of habeas corpus under

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28 U.S.C. § 2254. ECF No. 1. The petition is before me for preliminary review under Rule 4 of

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the Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas

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proceeding must examine the habeas petition and order a response to the petition unless it

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“plainly appears” that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d

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687, 693 (9th Cir. 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). Here, it

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plainly appears that petitioner is not entitled to relief. I will give petitioner an opportunity to

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amend before recommending that the petition be dismissed. I will also grant his application to

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proceed in forma pauperis. ECF No. 11.

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The petition raises four claims and, despite my best efforts, I cannot understand either

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their substance or the relation between them. The first claim involves disputes with petitioner’s

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defense attorney and petitioner’s attempts to represent himself. ECF No. 1 at 5. But I cannot

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discern the nature of petitioner’s disputes with counsel or why he believes that his constitutional

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rights were violated. The second claim relates to a prison disciplinary citation, which petitioner

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refers to as a “disciplinary,” which petitioner received in 2016. Id. at 7. I can understand neither

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the context of the “disciplinary” nor its relation to the 2018 conviction. The third claim

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references a sealed capital charge in Kern County Superior Court. Id. at 8. Petitioner states that

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he is challenging a 2018 conviction that was obtained in Amador County, id. at 1, and his

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allegations do not explain how the sealed Kern County charge is relevant. Finally, petitioner

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argues that “respondent has invoked into a sealed plea bargain agreement opposing liberty

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interest.” Id. at 10. Petitioner goes on to reference a 1982 conviction, but does not explain either

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the meaning or relevance of this claim. The exhibits that petitioner has attached shed little light

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on the foregoing claims. Most are comprised of prison disciplinary and grievance documents.

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There is a state appellate opinion, ECF No. 1-3 at 22, but the claims in the immediate petition

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bear no relation to the issues discussed by the California appellate opinion.

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The petition, in its current form, is not comprehensible to me, and I do not expect that it

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would be to the respondent, either, were he to be served. At this point, it thus plainly appears that

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petitioner is not entitled to relief. See Greenway v. Schriro, 653 F.3d 790, 804 (9th Cir. 2011)

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(holding that “cursory and vague claim[s] cannot support habeas relief”). Petitioner may file an

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amended petition within sixty days of this order’s entry.

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It is ORDERED that:

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1.

Petitioner’s application to proceed in forma pauperis, ECF No. 11, is granted.

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2.

Petitioner may file an amended petition within sixty days of this order’s entry. If

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he does not, I will recommend that the current petition be dismissed for the reasons stated in this

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order.

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3.

The Clerk of Court is directed to send petitioner a federal habeas form.

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IT IS SO ORDERED.

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Dated:
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June 2, 2021
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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