(HC) Johnson v. State of California, No. 2:2022cv00536 - Document 19 (E.D. Cal. 2022)
Court Description: ORDER signed by Magistrate Judge Allison Claire on 6/17/2022 WITHDRAWING the 18 Findings and Recommendations issued on 6/16/2022. Petitioner's application for writ of habeas corpus does not state any grounds for relief and will not be served. Within 30 days, petitioner may file an amended petition. The Clerk shall send petitioner the court's form for application for writ of habeas corpus. (Yin, K)
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(HC) Johnson v. State of California Doc. 19 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANDREW D. JOHNSON, 12 13 14 15 No. 2:22-cv-0536 TLN AC P Petitioner, v. ORDER STATE OF CALIFORNIA, Respondent. 16 17 18 19 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 16, 2022, the undersigned recommended dismissing this case without prejudice 20 based on petitioner’s failure to submit an application to proceed in forma pauperis or pay the 21 filing fee. ECF No. 18. The file reflects that petitioner has now paid the filing fee, and the 22 Findings and Recommendations will therefore be withdrawn. 23 Beyond identifying that the conviction at issue was rendered in Solano County, the 24 petition provides no details to identify the conviction. ECF No. 5 at 1-2. Petitioner also fails to 25 specify any grounds for relief in his petition and instead makes only vague references to an 26 investigation showing his Fourteenth Amendment rights are being violated and conclusory 27 assertions that he is being falsely imprisoned. Because the petition does not state any grounds for 28 relief, petitioner will be given an opportunity to file an amended petition. The amended petition 1 Dockets.Justia.com 1 should identify the conviction at issue and explain why he believes that his conviction or sentence 2 is unconstitutional. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The June 16, 2022 findings and recommendations (ECF No. 18) are WITHDRAWN. 5 2. Petitioner’s application for writ of habeas corpus does not state any grounds for relief 6 7 and will not be served. 3. Within thirty days of the service of this order, petitioner may file an amended petition. 8 Any amended petition must bear the case number assigned to this action and the title “Amended 9 Petition.” Failure to file an amended petition will result in a recommendation that this action be 10 11 dismissed without prejudice. 4. The Clerk of the Court is directed to send petitioner the court’s form for application for 12 writ of habeas corpus. 13 DATED: June 17, 2022 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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