Schultz v. Hill
Filing
5
ORDER signed by Magistrate Judge John F. Moulds on 6/28/11 ORDERING that 4 Motion to Proceed IFP is GRANTED; Petitioner's application for writ of habeas corpus is DISMISSED with leave to amend within 30 days from the date of this order; and the Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus.(Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
KEITH SCHULTZ
Petitioner,
12
13
14
15
16
17
18
19
No. CIV-S-11-0398 JFM (TEMP) P
Respondent.
11
ORDER
vs.
RICK HILL
/
Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.
Examination of the affidavit reveals petitioner is unable to afford the costs of this
action. Accordingly, leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a).
20
“[A] claim for relief in habeas corpus must include reference to a specific federal
21
constitutional guarantee, as well as a statement of the facts which entitle the petitioner to relief.”
22
Gray v. Netherland, 518 U.S. 152, 162-63 (1996). Petitioner has failed to specify the
23
constitutional grounds for relief in his petition, nor does he state facts on which relief might be
24
granted. See Rule 2(c), Rules Governing § 2254 Cases.
25
26
The petitioner will be allowed thirty days from the entry of this order in which to
file an amended petition that alleges the specific constitutional violations and supporting facts
1
1
that, if proven, would entitle him to habeas relief. Petitioner is advised that vague or conclusory
2
claims for relief may result in summary dismissal of the amended petition. See Hendricks v.
3
Vazquez, 908 F.2d 490, 491 (9th Cir.1990); Rule 4, Rules Governing § 2254 Cases. Finally,
4
petitioner is advised that claims alleging constitutional violations unrelated to his conviction in
5
state court – e.g., conditions of confinement or inadequate medical care while in custody – are
6
not appropriate grounds for habeas relief but should be averred in a complaint filed under the
7
Civil Rights Act, 42 U.S.C. § 1983.
8
Therefore, IT IS HEREBY ORDERED that:
9
1. Petitioner’s motion to proceed in forma pauperis (docket no. 4) is granted;
10
2. Petitioner's application for writ of habeas corpus is dismissed with leave to
11
amend within thirty days from the date of this order;
3. Any amended petition must bear the case number assigned to this action and
12
13
the title “Amended Petition”; and
4. The Clerk of the Court is directed to send petitioner the court's form for
14
15
application for writ of habeas corpus.
16
DATED: June 28, 2011.
17
18
19
20
21
hm
schu0398.114
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
