(HC) Fecteau v. Young ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD HENRI FECTEAU, No. 2:20-cv-00334-GGH 12 Petitioner, 13 v. ORDER 14 RUTH MARIE YOUNG, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or 20 paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be 21 provided the opportunity to either submit the appropriate affidavit in support of a request to 22 proceed in forma pauperis or submit the appropriate filing fee. 23 Rule 2 of the Rules Governing Section 2254 Cases provides that the petition: “shall 24 specify all the grounds for relief which are available to the petitioner and of which he has or by 25 the exercise of reasonable diligence should have knowledge and shall set forth in summary form 26 the facts supporting each of the grounds thus specified.” Rule 2(c), Rules Governing Section 27 2254 Cases. Petitioner must also clearly state the relief sought in the petition. Id. Additionally, 28 the Advisory Committee Notes to Rule 4 explains that “notice pleading is not sufficient, for the 1 petition is expected to state facts that point to a real possibility of constitutional error.” Advisory 2 Committee Notes to Rule 4; see Blackledge v. Allison, 431 U.S. 63, 75, n.7 (1977). 3 In his “petition for review,” petitioner appears to be alleging six grounds for relief against 4 defendant including “criminal negligence[,] obstruction of justice[,] defamation[,], malice[,] 5 malpractice[,] and crimes in violation of oath of office and duty of professionals in the State of 6 California.” ECF No. 1 at 7-8. Petitioner further attaches recommendations from the Sacramento 7 County District Attorney’s Office regarding petitioner’s non-violent parole review from the 8 Board of Parole Hearings. Id. at 9-11. The petition fails to comply with Rule 2(c), Rules 9 Governing Section 2254 Cases. It is unclear whether petitioner is challenging his conviction, a 10 potential parole denial, or seeking to bring a civil rights action. Therefore, the petition is 11 dismissed with leave to amend. Rule 4, Rules Governing Section 2254 Cases. In the amended 12 petition, petitioner must set forth each claim for relief and summarize the facts he alleges support 13 each of the identified claims. 14 Accordingly, IT IS HEREBY ORDERED that: 15 1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in 16 support of his request to proceed in forma pauperis or the appropriate filing fee; petitioner’s 17 failure to comply with this order will result in a recommendation that this action be dismissed; 18 2. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend 19 within thirty days from the date of this order;1 20 3. Any amended petition must bear the case number assigned to this action and the title 21 “Amended Petition”; and 22 4. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 23 form used by this district and the court’s form application for writ of habeas corpus. 24 Dated: March 2, 2020 /s/ Gregory G. Hollows 25 UNITED STATES MAGISTRATE JUDGE 26 27 1 By setting this deadline the court is making no finding or representation that the petition is not 28 subject to dismissal as untimely.