(HC) Kuykendall v. Unknown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN KUYKENDALL, Case No. 2:21-cv-00924-WBS-JDP (HC) 12 Petitioner, ORDER GRANTING PETITIONER’S APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS 14 UNKNOWN, ECF No. 8 15 Respondent. ORDER FINDING THAT THE PETITION DOES NOT STATE A COGNIZABLE CLAIM 16 AND GIVING LEAVE TO AMEND WITHIN SIXTY DAYS 17 ECF No. 1 18 19 Petitioner is confined at Napa State Hospital and seeks a writ of habeas corpus under 28 20 U.S.C. § 2254. ECF No. 1. The petition is before me for preliminary review under Rule 4 of the 21 Rules Governing Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding 22 must examine the habeas petition and order a response to the petition unless it “plainly appears” 23 that the petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 24 2019); Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). The petition cannot proceed 25 because I cannot tell what claims are being raised. 26 The two-page petition does not adequately describe the claims. Petitioner states that he 27 was not permitted to appear at an unspecified preliminary hearing. ECF No. 1 at 1. He does not 28 state the purpose of the hearing, what proceedings it was connected to, or how his absence 1 | negatively impacted his rights. Petitioner also claims that his Eighth Amendment right to be free 2 | from cruel and unusual punishment is being violated but, again, does not explain how. Id. 3 | Petitioner may amend his petition to better explain his claims. If he chooses to do so, he should 4 | use the habeas form enclosed with this order. 5 It is ORDERED that: 6 1. Petitioner’s application to proceed in forma pauperis, ECF No. 8, is granted. 7 2. Petitioner may file an amended petition within sixty days of this order’s entry. If 8 | he does not, I will recommend that the current petition be dismissed for the reasons stated in this 9 | order. 10 3. The Clerk of Court is directed to send petitioner a federal habeas form. 11 IT IS SO ORDERED. 13 ( 1 ow — Dated: _ June 25, 2021 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28