Dubray v. Hansen

Filing 7

MEMORANDUM AND ORDER - The petition for writ of habeas corpus (filing no. 1 ) is denied without prejudice. Taking the prison mailbox rule into account, on or before January 9, 2017, Petitioner shall file an amended petition using AO Form 241. Petiti oner shall state his claim(s) and supporting fact(s) concisely and without argument or legal citation. That can normally be done using the form itself without attachments. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DOMINICK DUBRAY,
Petitioner,
v.
BRAD HANSEN, Warden of the
Tecumseh State Correctional Institution,
Respondent.

)
)
)
)
)
)
)
)
)
)
)

8:16CV517

MEMORANDUM AND ORDER

The petition for habeas corpus in this case does not substantially comply with the form
required by Rule 2(d) of the Rules Governing § 2254 Cases. Among other problems, the
petition is far too argumentative. It also attempts to incorporate by reference “the entire
record.” I will allow Petitioner to file an amended petition. I strongly encourage Petitioner not
to “throw mud against the wall” in the hopes that something might stick. Also, it is almost
always true that claims having many sub-parts are unpersuasive.
IT IS ORDERED that:
1. The petition for writ of habeas corpus (filing no. 1) is denied without prejudice.
2. Taking the prison mailbox rule into account, on or before January 9, 2017,1
Petitioner shall file an amended petition using AO Form 241. Petitioner shall state his
claim(s) and supporting fact(s) concisely and without argument or legal citation. That can
normally be done using the form itself without attachments.
DATED this 5th day of December, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
1

This means the amended petition must be received by the Clerk no later than
Monday, January 9, 2017.