(HC) Hatchett v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CECIL JEROME HATCHETT, Case No. 2:20-cv-00892-KJM-JDP (HC) Petitioner, FINDINGS AND RECOMMENDATIONS

THAT RESPONDENT’S MOTION TO

v. DISMISS BE GRANTED AND THE

AMENDED PETITION BE DISMISSED

KEN CLARK, WITH LEAVE TO AMEND WITHIN SIXTY

DAYS

Respondent. ECF No. 22 16 Petitioner Cecil Jerome Hatchett, a state prisoner proceeding without counsel, seeks a writ of habeas corpus under 28 U.S.C. § 2254. ECF No. 14. Respondent has filed a motion to dismiss that argues that the petition is deficient because it was not filed on a court-approved form and is unintelligible. ECF No. 22 at 2. In his opposition, petitioner states that he attempted to file his petition on a court-approved form, but his claims arrived “detached” from the form. ECF No. 25 at 1-2. He argues that he should be allowed to correct this problem and to submit his claims on the correct form. Id. at 2. Respondent concurs. ECF No. 26. …