(HC) Clarke v. SCSO ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEE KELLY CLARKE, Case No. 2:22-cv-00026-JAM-JDP (HC) 12 Petitioner, ORDER FINDING THAT THE PETITION DOES NOT STATE A COGNIZABLE 13 v. SECTION 2254 CLAIM AND GRANTING LEAVE TO AMEND WITHIN THIRTY 14 SCSO AND PEOPLE OF CALIFORNIA, DAYS 15 Respondents. ECF No. 1 16 17 Petitioner, proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. 18 § 2254. After reviewing the petition, I find it incomprehensible; I cannot tell what or even how 19 many claims are at issue. I will give petitioner a chance to amend before recommending that this 20 action be dismissed. 21 The petition is before me for preliminary review under Rule 4 of the Rules Governing 22 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 23 the habeas petition and order a response to the petition unless it “plainly appears” that the 24 petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); 25 Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). 26 The petition, which runs to two-hundred and fifty-nine pages, is nearly impossible to read. 27 Petitioner’s handwriting is densely packed and undivided by paragraphs. At various points, 28 petitioner scrawls illegible writings on the margins and edges of pages. See, e.g., ECF No. 1 at 1 | 40-41. No respondent could reasonably be expected to comprehend and respond to this petition. 2 | I will give petitioner a chance to amend. If he chooses to do so, he should use the habeas form 3 | enclosed with this order and state his claims in a short, plain, and comprehensible manner. 4 It is ORDERED that: 5 1. Petitioner’s application to proceed in forma pauperis, ECF No. 6, is GRANTED. 6 2. Petitioner may file an amended § 2254 petition within thirty days of this order’s 7 | entry. If he does not, I will recommend that the current petition be dismissed for the reasons 8 || stated in this order. 9 3. The Clerk of Court is directed to send petitioner a federal habeas form with this 10 | order. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ April 11, 2022 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28