Cosden v. State of Washington

Filing 22

ORDER granting 21 Motion for More Definite Statement and orders petitioner to submit a new petition using hte form provided by the Court. Petitioner's first amended petition must be filed on or before March 6, 2015. Signed by Magistrate Judge J Richard Creatura.(CMG; cc to Petitioner w/blank petition)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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WILLIAM E COSDEN,
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Petitioner,
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CASE NO. C14-5739 BHS-JRC
ORDER GRANTING
RESPONDENT’S MOTION FOR A
MORE DEFINITE STATEMENT

v.
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JEFF UTTECHT,
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Respondent.
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The District Court referred this petition for a writ of habeas corpus filed pursuant to 28

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18 U.S.C. § 2254 to United States Magistrate Judge J. Richard Creatura. The referral is made
19 pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR3 and
20 MJR4.
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Currently before the Court is respondent’s motion asking the Court to order petitioner to

22 submit a more definite statement (Dkt. 21). Respondent argues that it is unclear if petitioner is
23 challenging his 1976 rape conviction, which he is currently serving, a future sentence on a
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ORDER GRANTING RESPONDENT’S MOTION
FOR A MORE DEFINITE STATEMENT - 1

1 murder conviction, or the Indeterminate Sentence Review Board’s decision not to parole him
2 from his rape sentence to his murder sentence (Dkt. 21).
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Petitioner’s habeas petition refers the Court to a “Memorandum of Authorities.” Dkt. 11.

4 Instead of providing a memorandum of authorities specific to this petition, petitioner attaches
5 briefs from personal restraint petitions filed in state court (Dkt. 11-1 to 11-3). Petitioner has not
6 made it clear what conviction or Indeterminate Sentence Review Board decision he is
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The rules adopted by the Supreme Court governing petitions filed pursuant to 28 U.S.C. §

9 2254 requires a petitioner to specify all the grounds for relief available to petitioner, state the
10 facts supporting each ground, and state the relief requested. Rule 2(c) states:
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(c) Form. The petition must:
(1) specify all the grounds for relief available to the petitioner;
(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.

15 See, Rules Governing § 2254 Cases, Rule 2(c), 28 U.S.C.A. foll. § 2254. Petitioner simply
16 referencing briefs filed in state court is confusing and does not suffice in this case. The Court
17 notes that petitioner titled his petition as a petition filed pursuant to 28 U.S. C. § 2241. However,
18 if petitioner is seeking to challenge the validity of either of his state convictions or sentences the
19 petition is properly filed pursuant to 28 U.S.C. §2254.
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The Court grants respondent’s motion for a more definite statement and orders petitioner

21 to submit a new petition using the form provided by the Court. Petitioner must completely fill
22 out the form and not simply reference other documents. Petitioner is ordered to title this petition
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ORDER GRANTING RESPONDENT’S MOTION
FOR A MORE DEFINITE STATEMENT - 2

1 “First Amended Petition.” Petitioner’s first amended petition must be filed on or before March 6,
2 2015.
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The Clerk’s Office is directed to send petition a form for filing a state habeas corpus

4 petition.
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Dated this 20th day of January, 2015.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING RESPONDENT’S MOTION
FOR A MORE DEFINITE STATEMENT - 3