RODRIGUEZ v. KREVESIG et al

Filing 2

MEMORANDUM AND ORDER THAT UPON CONSIDERATION OF PETITIONER HAVING FILED A PETITION FOR HABEAS CORPUS AND IT APPEARING HE DID NOT DISCLOSE EXACTLY WHAT CONVICTION AND/OR SENTENCE HE IS ATTACKING, IT IS ORDERED THAT THE CLERK OF COURT SHALL FURNISH PET ITIONER WITH A TRUE AND ACCURATE PHOTOCOPY OF DOCUMENT #1 IN 07-958. IT IS FURTHER ORDERED THAT PETITIONER SHALL WRITE ON HIS AFORESAID PHOTOCOPY THE DATE OF HIS CONVICTION ATTACKED IN THIS PETITION. IT IS ORDERED THAT PETITIONER SHALL COMPLY WITH THE TERMS OF THIS ORDER WITHIN THIRTY (30) DAYS SHALL RESULT IN THE DISMISSAL OF THIS CIVIL ACTION. SIGNED BY JUDGE ANITA B. BRODY ON 3/16/07. 3/19/07 ENTERED AND COPIES MAILED.(gs)

RODRIGUEZ v. KREVESIG et al

Doc. 2

Case 2:07-cv-00958-AB

Document 2

Filed 03/16/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA HERIBERTO RODRIGUEZ v. MARK KREVESIG, et al. : : : CIVIL ACTION NO. 07-cv-0958

MEMORANDUM AND ORDER On March 9, 2007, petitioner filed a petition in this Court purportedly seeking Habeas Corpus relief pursuant to 28 U.S.C. §2254. Relief pursuant to 28 U.S.C. §2254 is limited to petitions: A. attacking: I. the imposition of a state court conviction; or, II. the imposition of a state court sentence; or, III. the execution of state custody based on the conviction, with an argument based on: I. the federal constitution, and/or II. federal laws, and/or III. treaties entered into by the United States.1

B.

Although he admits that he has been convicted and sentenced, nowhere in his petition of March 9, 2007 does petitioner disclose exactly what conviction and/or sentence he is attacking. It is impossible for this court to analyze what petitioner has presented without having this information. Accordingly, this Day of March, 2007, it is hereby ORDERED that the Clerk of Court furnish Petitioner with a true and accurate photocopy of Document #1 in 07-cv-0958, and, it is further ORDERED that Petitioner shall write on this aforesaid photocopy the date of his

Benchoff v. Colleran, 404 F.3d 812 (3rd Cir. 2005); Coady v. Vaughn, 251 F.3d 480 (3rd Cir. 2001).
1

1

Dockets.Justia.com

Case 2:07-cv-00958-AB

Document 2

Filed 03/16/2007

Page 2 of 2

conviction attacked in this petition; the indictment or term number(s) related to the conviction attacked in this petition; and, the date on which the sentence attacked in this petition was imposed, and, it is further ORDERED that failure by petitioner to comply with the terms of this Order within thirty (30) days shall result in the dismissal of this civil action.

S/ ANITA B. BRODY ANITA B. BRODY, U.S. District Judge

2