Addleman v. Rine-Sabatka

Filing 6

MEMORANDUM AND ORDER - Addleman will have 30 days from the date of this Memorandum and Order to file an amended petition for writ of habeas corpus that presents a cognizable claim for relief. Failure to file an amended petition for writ of habeas corpus will result in dismissal of this matter without further notice. The clerk's office is directed to set a pro se case management deadline in this case using the following text: April 15, 2013: deadline for Addleman to file an amended pet ition for writ of habeas corpus. The clerk's office is directed to send to Addleman the Form AO 241, Petition for Relief From a Conviction or Sentence By a Person in State Custody. Ordered by Judge Joseph F. Bataillon. (Copy mailed with form to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LAWRENCE ADDLEMAN,
Petitioner,
v.
DIANE RINE-SABATKA, Warden,
Respondent.

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4:12CV3240

MEMORANDUM
AND ORDER

Petitioner Lawrence Addleman (“Addleman”) has filed a Petition for Writ of
Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. (Filing No. 1.) The court
has conducted an initial review of Addleman’s Petition to determine whether the
claims made by Addleman are, when liberally construed, potentially cognizable in
federal court. Title 28 U.S.C. § 2254 permits a federal court to entertain only those
applications alleging that a person is in state custody in violation of the Constitution
or laws or treaties of the United States. 28 U.S.C. § 2254(a).
Addleman does not set forth any claims in his Petition. Rather, his Petition
consists of 108 numbered paragraphs of questions he has about his state court
conviction. (See, e.g., Id. at CM/ECF p. 5 (“[No.] 17. Dr. Suzanne Haney called and
said that there was scarring consistent with sexual abuse. How old is the scarring and
what made it?”).)
The court finds that Addleman’s Petition does not present any cognizable
claims for relief. However, given Addleman’s pro se status, the court is reluctant to
dismiss the Petition without first giving him an opportunity to amend. Thus, on the
court’s own motion, Addleman will be given 30 days to file an amended petition that
presents a cognizable claim for relief.

IT IS THEREFORE ORDERED that:
1.
Addleman will have 30 days from the date of this Memorandum and
Order to file an amended petition for writ of habeas corpus that presents a cognizable
claim for relief. Failure to file an amended petition for writ of habeas corpus will
result in dismissal of this matter without further notice.
2.
The clerk’s office is directed to set a pro se case management deadline
in this case using the following text: April 15, 2013: deadline for Addleman to file
an amended petition for writ of habeas corpus.
3.
The clerk’s office is directed to send to Addleman the Form AO 241,
Petition for Relief From a Conviction or Sentence By a Person in State Custody.
DATED this 13th day of March, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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