Todd Dana Pike v. John Marshall, No. 2:2009cv07531 - Document 3 (C.D. Cal. 2009)

Court Description: OPINION AND ORDER by Judge Andrew J. Guilford; IT IS ORDERED that Judgment shall be entered summarily dismissing without prejudice petitioners request for an extension of time.The Clerk of Court is ordered to serve this Opinion and Order on petitioner.The Clerk of Court shall provide petitioner with a form habeas corpus petition under 28 U.S.C. § 2254. See order for further details. (jy)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 10 TODD DANA PIKE, 11 Petitioner. 12 vs. 13 JOHN MARSHALL, WARDEN, 14 Respondent. ) Case No. CV 09-7531-AG(RC) ) ) ) ) OPINION AND ORDER ) ) ) ) ) 15 16 On October 16, 2009, petitioner Todd Dana Pike, a person in state 17 custody proceeding pro se, filed a Notification of Intent to File 18 28 U.S.C. § 2254 Habeas Corpus [Petition]. 19 not filed an actual habeas corpus petition setting forth his claims 20 and the facts supporting his claims, and petitioner provides no 21 information regarding the court in which his conviction took place, 22 nor the date or nature of his conviction or sentence, and whether he 23 appealed his conviction or otherwise attacked it. 24 information, the Court cannot determine whether it has venue and 25 whether petitioner has exhausted his state court remedies. However, petitioner has Without this 26 27 28 DISCUSSION Rule 1 of the Rules Governing Section 2254 Cases in the United 1 States District Courts ("Rules") provides that the Rules govern a 2 petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 by 3 a person in custody pursuant to a judgment of a state court. 4 U.S.C. § 2254, Rule 1. 28 foll. Rule 2(c) requires that the petition must: 5 6 (1) specify all the grounds for relief available to the 7 petitioner; 8 (2) state the facts supporting each ground; 9 (3) state the relief requested; 10 (4) be printed, typewritten, or legibly handwritten; and 11 (5) be signed under penalty of perjury by the petitioner or 12 by a person authorized to sign it for the petitioner under 13 28 U.S.C. § 2242. 14 15 28 foll. U.S.C. § 2254, Rule 2(c). Rule 2(d) requires that the 16 petition must substantially follow either the form appended to these 17 rules or a form prescribed by a local district-court rule. 18 U.S.C. § 2254, Rule 2(d). 19 has prescribed a habeas corpus petition form, which it makes 20 available to petitioners without charge. 28 foll. This district court, in Local Rule 83-16.1, Id. 21 22 Here, petitioner, by failing to file an actual petition for writ 23 of habeas corpus on the prescribed form, failing to set forth his 24 claims and provide the facts supporting his claims, and failing to 25 provide pertinent information, has not complied with Rule 2. 26 this action is subject to summary dismissal under Rule 4 and Local 27 Rule 72-3.2. 28 appears from the petition and any attached exhibits that the Thus, Specifically, Rule 4 provides that "[i]f it plainly 2 1 petitioner is not entitled to relief in the district court, the judge 2 must dismiss the petition and direct the clerk to notify the 3 petitioner. 4 72-3.2 provides: 28 foll. U.S.C. § 2254, Rule 4. Similarly, Local Rule 5 6 [I]f it plainly appears from the [habeas] petition and any 7 exhibits annexed to it that the petitioner is not entitled 8 to relief, the Magistrate Judge may prepare a proposed order 9 for summary dismissal and submit it and a proposed judgment 10 to the District Judge. 11 12 Local Rule 72-3.2. Since petitioner has not complied with the Rules, 13 the instant action should be summarily dismissed without prejudice. 14 15 16 17 18 19 20 21 ORDER IT IS ORDERED that Judgment shall be entered summarily dismissing without prejudice petitioner s request for an extension of time. The Clerk of Court is ordered to serve this Opinion and Order on petitioner. The Clerk of Court shall provide petitioner with a form habeas corpus petition under 28 U.S.C. § 2254. 22 23 24 DATE: November 11, 2009 ANDREW J. GUILFORD UNITED STATES DISTRICT JUDGE 25 26 27 28 PRESENTED BY: DATE: October 19, 2009 /S/ ROSALYN M. CHAPMAN ROSALYN M. CHAPMAN UNITED STATES MAGISTRATE JUDGE R&R-MDO\09-7531.mdo - 10/19/09 3

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