Barnes v. State of Utah, The

Filing 4

MEMORANDUM DECISION and Order to Amend Deficient Petition: (1) Petitioner shall have thirty days to cure the above deficiencies. In response to this Order, the Court will accept one document entitled, "Amended Petition." ; The Amended Petition shall include all issues, arguments, and citations in one document, with no reference to any other document. The Amended Petition is the only document the Court will review to determine whether to order Respondent to answer. Cf . R.4, Rs. Governing § 2254 Cases in the U.S. Dist. Cts. (stating court--on its own--shall examine petition for petitioner's entitlement to relief and dismiss petition or order answer as warranted). (2) The Clerk's Office shall mai l Petitioner a copy of the Pro Se Litigant Guide with a proper form petition and/or civil-rights complaint for completion, according to directions. (3) If Petitioner fails to timely cure the above-noted deficiencies, as instructed here, this action will be dismissed without further notice.See order for details. Signed by Judge Ted Stewart on 01/06/2025. (kpf)

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

EARL LESTON BARNES,
Petitioner,
v.

MEMORANDUM DECISION
& ORDER TO AMEND
DEFICIENT PETITION
Case No. 2:24-CV-435-TS

STATE OF UTAH,

District Judge Ted Stewart
Respondent.

Petitioner, Earl Leston Barnes, filed a pro se habeas-corpus petition, under 28 U.S.C.S. §
2241 (2024) ("The writ of habeas corpus shall not extend to a prisoner unless . . . he is in custody
in violation of the Constitution or laws or treaties of the United States . . . ."). Reviewing the
Petition, (ECF No. 1), the Court concludes that it must be amended to cure the below
deficiencies if Petitioner wishes to further pursue claims.
DEFICIENCIES OF PETITION
Petition has possibly been subject to an attempt at supplementation or replacement by
Petitioner's "Motion to Vacate an Invalid and Void Sentence," filed about three months after the
Petition. (ECF Nos. 1-2.)
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 filing an amended petition:
(a) Revised petition must stand entirely on its own and not refer to, or incorporate by
reference, any portion of the original petition or any other documents previously filed by
Petitioner. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir. 1998) (amendment supersedes
original).
(b) Petitioner must clearly state whom the custodian is and name that person (warden or
ultimate supervisor of imprisonment facility) as the respondent. Cf. R.2, Rs. Governing § 2254
Cases in the U.S. Dist. Courts.
(c) Federal rule requires the petition to:
(1) specify all the grounds for relief available to the
petitioner;
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(2) state the facts supporting each ground;
(3) state the relief requested;
(4) be printed, typewritten, or legibly handwritten; and
(5) be signed under penalty of perjury by the petitioner or
by a person authorized to sign it for the petitioner under 28 U.S.C.
§ 2242.
Cf. R.2(c), Rs. Governing § 2254 Cases in the U.S. Dist. Courts.
(d) Petitioner may generally not bring civil-rights claims as to conditions of confinement
in a habeas-corpus petition.
(e) Any claims about Petitioner's underlying conviction and/or sentencing should be
brought under 28 U.S.C.S. § 2254 (2024); any claims about the execution of Petitioner's
imprisonment should be brought under id. § 2241.
(f) Petitioner should get help to prepare initial pleadings from legal resources available
where Petitioner is held.
ORDER
IT IS HEREBY ORDERED that:
(1) Petitioner shall have thirty days to cure the above deficiencies. In response to this
Order, the Court will accept one document entitled, "Amended Petition." The Amended Petition
shall include all issues, arguments, and citations in one document, with no reference to any other
document. The Amended Petition is the only document the Court will review to determine
whether to order Respondent to answer. Cf. R.4, Rs. Governing § 2254 Cases in the U.S. Dist.
Cts. (stating court--on its own--shall examine petition for petitioner's entitlement to relief and
dismiss petition or order answer as warranted).
(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 completion, according to directions.
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(3) If Petitioner fails to timely cure the above-noted deficiencies, as instructed here, this
action will be dismissed without further notice.
(4) Petitioner must tell the Court of any address change and timely comply with Court
orders. See D. Utah Civ. R. 83-1.3(e) ("In all cases, counsel and parties appearing pro se must
notify the clerk's office immediately of any change in address, email address, or telephone
number."). Failure to do so may result in this action's dismissal for failure to prosecute. See Fed.
R. Civ. P. 41(b) ("If the [petitioner] fails to prosecute or to comply with these rules or a court
order, a [respondent] may move to dismiss the action or any claim against it. Unless the
dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not
under this rule--except one for lack of jurisdiction, improper venue, or failure to join a party
under Rule 19--operates as an adjudication on the merits.").
(5) Extensions of time are disfavored, though reasonable extensions may be granted.
Any motion for time extension must be filed no later than fourteen days before the deadline to be
extended.
(6) No direct communication is to take place with any judge. All relevant information,
letters, documents, and papers, labeled with case number, are to be directed to the Clerk of
Court.
DATED this 6th day of January, 2025.
BY THE COURT:

JUDGE TED STEWART
United States District Court
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