Carlton Mosley,Sr. v. J. Walker, No. 2:2009cv07178 - Document 5 (C.D. Cal. 2009)

Court Description: OPINION AND ORDER ON A PETITION FOR HABEAS CORPUS by Judge Audrey B. Collins; IT IS HEREBY ORDERED that Judgment shall be entered SUMMARILY DISMISSING without prejudice the petition for writ of habeas corpus. (jy)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 CENTRAL DISTRICT OF CALIFORNIA 8 9 CARLTON MOSLEY, aka CARLTON MOSLEY, SR., 10 Petitioner, 11 vs. 12 J. WALKER (WARDEN), 13 Respondent. 14 15 ) Case No. CV 09-7178-ABC(RC) ) ) ) ) OPINION AND ORDER ON A ) PETITION FOR HABEAS CORPUS ) ) ) ) ) On October 2, 2009, petitioner Carlton Mosley, aka Carlton 16 Mosley, Sr., a state inmate proceeding pro se, filed a habeas corpus 17 petition under 28 U.S.C. § 2254, which this Court dismissed with leave 18 to amend under Rule 12(e) due to petitioner s failure to set forth his 19 grounds for relief and supporting facts, and ordered petitioner to 20 file an amended petition within thirty days. 21 not filed an amended petition. However, petitioner has 22 23 DISCUSSION 24 Rule 1 of the Rules Governing Section 2254 Cases in the United 25 States District Courts ( Rules ) provides that the Rules govern the 26 procedure in the federal district courts on an application under 28 27 U.S.C. § 2254 by a person in custody pursuant to a judgment of a state 28 court. 28 foll. U.S.C. § 2254, Rule 1. Rule 2(c) requires that the 1 petition shall specify all grounds for relief, as well as the facts 2 supporting each ground. 3 grounds for relief or any supporting facts. 4 the petition with leave to amend, although this Court could have 5 immediately summarily dismissed the petition, and afforded petitioner 6 30 days to file an amended petition. 7 petitioner that failure to timely file an amended petition could 8 result in dismissal of the action. 9 have passed, petitioner has not filed an amended petition. Id. Here, petitioner did not specify any Thus, the Court dismissed Moreover, the Court advised Although more than thirty days 10 11 Rule 4 of the Rules Governing Section 2254 Cases in the United 12 States Courts provides that [i]f it plainly appears from the face of 13 the petition and any exhibits annexed to it that the petitioner is not 14 entitled to relief in the district court, the judge shall make an 15 order for its summary dismissal. . . . 16 Rule 4. 17 forth any grounds for relief or supporting facts, it should now be 18 summarily dismissed without prejudice. 28 foll. U.S.C. § 2254, Since the petition is defective on its face, and does not set 19 20 ORDER 21 IT IS HEREBY ORDERED that Judgment shall be entered SUMMARILY 22 DISMISSING without prejudice the petition for writ of habeas corpus. 23 DATE: Nov. 12, 2009 AUDREY B. COLLINS CHIEF UNITED STATES DISTRICT JUDGE 24 25 PRESENTED BY: 26 DATE: 27 /S/ ROSALYN M. CHAPMAN ROSALYN M. CHAPMAN UNITED STATES MAGISTRATE JUDGE 28 November 12, 2009 R&R-MDO\09-7178.mdo - 11/12/09 2

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