(HC) Browand v. Jones ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ARTHUR BROWAND, No. 2:21-cv-0184-JAM-EFB P 12 Petitioner, 13 v. ORDER 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATION, 16 Respondent. 17 18 Petitioner is a state prisoner proceeding pro se with a petition for a writ of habeas corpus 19 pursuant to 28 U.S.C. § 2254. On October 14, 2021, the court dismissed the petition without 20 prejudice for containing unexhausted claims, but gave petitioner leave to file an amended petition 21 containing only exhausted claims and then seek to stay the case while he presented the 22 unexhausted claims to the California Supreme Court. ECF No. 19. 23 On October 28, 2021, petitioner filed in this court a document bearing the heading “In the 24 Supreme Court of the State of California” and asking that court to review his unexhausted claims. 25 ECF No. 20. It is unclear why petitioner filed the document in this court. The court informs 26 petitioner that, if he has not done so already, the document is properly filed with the California 27 Supreme Court and not this court. 28 ///// 1 On November 10, 2021, petitioner filed a document bearing no caption, but with the 2 || heading: “Petitioner: Amend to file containing only exhausted claims.” ECF No. 21 at 1. The 3 || document lists petitioner’s currently exhausted claims and asks the court to grant the writ with 4 || regard to those claims. It does not, however, contain any argument or factual bases for the 5 || claims. An amended pleading supersedes all prior pleadings and must be complete within itself 6 || without reference to prior pleadings. Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 7 || 1997); E.D. Cal. L.R. 220 (“[E]very pleading to which an amendment or supplement is permitted 8 | shall be retyped and filed so that it is complete in itself without reference to the prior or 9 || superseded pleading. No pleading shall be deemed amended or supplemented until this rule has 10 | been complied with.”). 11 As it stands, petitioner’s amended petition does not stand on its own without the facts 12 || provided in the original petition. Rule 2(a)(2), Rules Governing § 2254 Cases (a habeas petition 13 || must state the facts supporting each asserted ground for relief). Accordingly, the court will grant 14 | petitioner 21 days from the date of service of this order to file an amended petition containing 15 || only his exhausted claims that is complete within itself and contains the facts supporting those 16 || claims. 17 So ordered. 18 | DATED: December 23, 2021. Lhdiagl beema 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28