(HC) King v. Schuyler ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE STEPHEN KING, No. 2:23-cv-2360 DB P 12 Petitioner, 13 v. ORDER 14 CHARLES SCHUYLER, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner claims his right to due process was violated 19 during his 2021 parole hearing. 20 I. In Forma Pauperis 21 Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing 22 fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to 23 either submit the appropriate affidavit in support of a request to proceed in forma pauperis or 24 submit the appropriate filing fee. 25 II. Request for Transfer 26 Petitioner has requested that this action be transferred to San Diego because he is 27 presently housed at Richard J Donovan Correctional Center which is located in San Diego. (ECF 28 No. 12 at 1.) Petitioner further states that he has “two different issues in two different cases filled 1 [sic] befor [sic] this late order. One felony murder and one parole denial.” (Id.) In habeas cases, 2 venue is proper: (1) in the district of confinement, or (2) in the district of “conviction and 3 sentencing.” 28 U.S.C. § 2241(d). Petitioner has not specified where his 2021 parole hearing 4 took place. Thus, the court cannot determine whether venue is proper in this district or some 5 other judicial district. The motion for transfer will be denied without prejudice to its renewal. In 6 any renewed motion petitioner should specify the institution where his 2021 parole hearing took 7 place. 8 III. Petition Fails to Comply with Rule 2 9 Rule 2 of the Rules Governing Section 2254 Cases provides that the petition: “shall 10 specify all the grounds for relief which are available to the petitioner and of which he has or by 11 the exercise of reasonable diligence should have knowledge and shall set forth in summary form 12 the facts supporting each of the grounds thus specified.” Rule 2(c), Rules Governing Section 13 2254 Cases. Petitioner must also clearly state the relief sought in the petition. Id. Additionally, 14 the Advisory Committee Notes to Rule 4 explains that “notice pleading is not sufficient, for the 15 petition is expected to state facts that point to a real possibility of constitutional error.” Advisory 16 Committee Notes to Rule 4; see Blackledge v. Allison, 431 U.S. 63, 75, n.7 (1977). 17 The petition here was submitted on a form used for applications for leave to file a second 18 or successive petition in the Ninth Circuit Court of Appeals. (ECF No. 2.) The information 19 provided on the form does not sufficiently set forth the grounds for relief sought and thus, does 20 not comply with Rule 2(c) of the Rules Governing Section 2254 Cases. Therefore, the petition is 21 dismissed with leave to amend. Rule 4, Rules Governing Section 2254 Cases. In the amended 22 petition, petitioner must set forth each claim for relief and summarize the facts he alleges support 23 each of the identified claims. 24 IV. Conclusion 25 For the reasons set forth above, IT IS HEREBY ORDERED that: 26 1. Petitioner’s motion for transfer (ECF No. 12) is denied without prejudice. 27 2. Petitioner shall pay the filing fee or submit a properly completed in forma pauperis 28 application within thirty days of service of this order. 1 3. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend 2 within thirty days of the date of service of this order. 3 4. Any amended petition must bear the case number assigned to this action and the title 4 “Amended Petition.” 5 5. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis 6 form used by this district and a copy of the court’s form application for writ of habeas 7 corpus. 8 || Dated: March 7, 2024 9 10 1] BORAH BARNES 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 | pB:12 DB/DB Prisoner Inbox/Habaeas/R/king2360.amnd 16 17 18 19 20 21 22 23 24 25 26 27 28