Garcia v. Boughton

Filing 10

ORDER signed by Judge J.P. Stadtmueller on 4/24/2017 ORDERING Petitioner to submit an amended petition for writ of habeas corpus, or notify the Court that he will not amend, by 5/5/2017. (cc: all counsel, via mail to Victor Garcia at Wisconsin Secure Program Facility)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
VICTOR GARCIA,
Petitioner,
v.

Case No. 17-CV-421-JPS

GARY BOUGHTON,
Respondent.

ORDER

On March 22, 2017, Victor Garcia (“Garcia”) filed a petition pursuant
to 28 U.S.C. § 2254, asserting that his state court conviction and sentence were
imposed in violation of the Constitution. (Docket #1). Garcia’s petition was
not submitted on the standard form, precluding the Court from completing
its screening duties pursuant to Rule 4 of the Rules Governing Section 2254
Cases. See (Docket #1). On April 10, 2017, the Court ordered Garcia to resubmit his petition on a standard form, which it provided to him. (Docket
#6). Garcia did so April 18, 2017. (Docket #7). Two days later, however,
Garcia filed a two-page letter with the Court, wherein he attempts to
“clarify” certain aspects of his petition. Id.
The Court cannot screen Garcia’s petition subject to “clarifications” in
a separate document. Garcia’s petition must be complete in itself and cannot
rely on other separately docketed materials. The Court will, therefore, give
Garcia a choice. He may proceed using the current active petition, (Docket
#7), or he may submit an amended petition in line with the proposed
“clarifications,” (Docket #9). If Garcia chooses to amend his petition, that
document must be filed no later than May 5, 2017. If he does not wish to
amend, Garcia should notify the Court by the same date.

Accordingly,
IT IS ORDERED that the petitioner shall either submit an amended
petition for writ of habeas corpus, or notify the Court that he will not amend,
on or before May 5, 2017.
Dated at Milwaukee, Wisconsin, this 24th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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