Summers v. State of Utah
Filing
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MEMORANDUM DECISION AND ORDER: Petitioner shall have 30 days from the date of this order to cure the deficiencies noted. Signed by Judge Jill N. Parrish on 12/11/15 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DAVID T. SUMMERS,
MEMORANDUM DECISION
& ORDER TO AMEND
DEFICIENT PETITION
Petitioner,
v.
Case No. 2:15-CV-604 JNP
STATE OF UTAH,
District Judge Jill N. Parrish
Respondent.
Petitioner, David T. Summers, an inmate at Utah State Prison, filed a pro se habeas
corpus petition. See 28 U.S.C.S. § 2254 (2015). Reviewing the Petition, the Court concludes
that the Petition is deficient as described below. See id. Petitioner must cure these deficiencies if
he wishes to pursue his claims.
Deficiencies in Petition:
Petition:
(a)
does not list the full procedural history of all direct appeals or post-conviction
proceedings, with complete dates.
(b)
inappropriately requests relief regarding conditions of confinement that would be
properly brought as civil-rights claims in a different case.
(c)
lists a respondent other than his custodian.
(d)
has possibly been supplemented by numerous other potential claims in a variety of other
documents filed in this case by Petitioner.
(e)
has claims appearing to be based on the illegality of Petitioner's current confinement;
however, the petition was apparently not submitted using the legal help Petitioner is
entitled to by his institution under the Constitution. See Lewis v. Casey, 518 U.S. 343,
356 (1996) (requiring prisoners be given "'adequate law libraries or adequate assistance
from persons trained in the law' . . . to ensure that inmates . . . have a reasonably adequate
opportunity to file nonfrivolous legal claims challenging their convictions or conditions
of confinement") (quoting Bounds v. Smith, 430 U.S. 817, 828 (1977) (emphasis added)).
Instructions to Petitioner
Under Rule 8 of the Federal Rules of Civil Procedure an initial pleading is required to
contain "(1) a short and plain statement of the grounds upon which the court's jurisdiction
depends, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to
relief, and (3) a demand for judgment for the relief the pleader seeks." Fed. R. Civ. P. 8(a). The
requirements of Rule 8(a) are intended to guarantee "that [respondents] enjoy fair notice of what
the claims against them are and the grounds upon which they rest." TV Commc'ns Network, Inc.
v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff’d, 964 F.2d 1022 (10th Cir. 1992).
Pro se litigants are not excused from compliance with the minimal pleading requirements
of Rule 8. "This is so because a pro se [litigant] requires no special legal training to recount the
facts surrounding his alleged injury, and he must provide such facts if the court is to determine
whether he makes out a claim on which relief can be granted." Hall v. Bellmon, 935 F.2d 1106,
1009 (10th Cir. 1991). Moreover, "it is not the proper function of the Court to assume the role of
advocate for a pro se litigant." Id. at 1110. Thus, the Court cannot "supply additional facts, [or]
construct a legal theory for [petitioner] that assumes facts that have not been pleaded." Dunn v.
White, 880 F.2d 1188, 1197 (10th Cir. 1989).
Petitioner should consider the following general points before refiling his petition. First,
the revised petition must stand entirely on its own and shall not refer to, or incorporate by
reference, any portion of the original petition or any other documents previously filed by
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Petitioner. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir. 1998) (amendment supersedes
original). Second, the petitioner must clearly state who his custodian is and name that person (a
warden or ultimate supervisor of an imprisonment facility) as the respondent. See R. 2, Rs.
Governing § 2254 Cases in the U.S. Dist. Courts. Third, Petitioner may generally not bring
civil-rights claims as to the conditions of his confinement in a habeas corpus petition. Fourth,
any claims about Petitioner's underlying conviction and/or sentencing should be brought under 28
U.S.C.S. § 2254 (2015); any claims about the execution of Petitioner's sentence should be
brought under 28 U.S.C.S. § 2241 (2015). Fifth, Petitioner should seek help to prepare initial
pleadings from legal resources (e.g., contract attorneys) available where he is held.
ORDER
Based on the foregoing, IT IS HEREBY ORDERED that:
(1) Petitioner shall have THIRTY DAYS from the date of this order to cure the
deficiencies noted above.
(2) The Clerk's Office shall mail Petitioner a copy of the Pro Se Litigant Guide with a
proper form petition and/or civil-rights complaint for him to complete, according to the
directions.
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(3) If Petitioner fails to timely cure the above-noted deficiencies, as instructed herein, this
action will be dismissed without further notice.
DATED this 11th day of December, 2015.
BY THE COURT:
_____________________________
JUDGE JILL N. PARRISH
United States District Court
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