Gaspar Medina v. People

I. INTRODUCTION

On September 15, 2019, Gaspar Medina (“Petitioner”) constructively filed a Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. [Dkt. No. 1]. Under Rule 4 of the Rules Governing Section 2254 Cases, this court is required to conduct a preliminary review of all petitions for writ of habeas corpus filed by state prisoners. Pursuant to Rule 4, this court must summarily dismiss a petition if it “plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” See 28 U.S.C. § 1915(e)(2). For the reasons set forth below, the Petition appears subject to dismissal. The court will not make a final determination regarding whether the Petition should be dismissed, however, without giving Petitioner an opportunity to address these issues.

II. NOTICE OF DEFICIENCIES

A. Failure to State a Claim A habeas petition may be subject to dismissal if it does not “state facts that point to a real possibility of constitutional error.” Blackledge v. Allison, 431 U.S. 63, 76 n.7 (1977) (citation omitted). A court may dismiss an action where the allegations are unintelligible or frivolous “where it lacks an…