Alonzo McKinney v. G. Newsom

Good Law
United States District Court, Central District of CaliforniaDecember 7, 20202:20-cv-10736California1,757 words

Opinion

Trial Court Opinion

DISCUSSION

I. Habeas Rule

Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, 28 U.S.C. foll. § 2254 (“Habeas Rules”), requires a district court to dismiss a petition without ordering a responsive pleading where “it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief.” Thus, Rule 4 reflects Congress’s intent for the district courts to take an active role in summarily disposing of facially defective habeas petitions. Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). However, a district court’s use of this summary dismissal power is not without limits. Id. at 1128. To the contrary, a habeas court must give a

CIVIL MINUTES – GENERAL

Case No. CV 20-10736-JGB (KS) Date: December 7, 2020 Title Alonzo McKinney v. G. Newsom

petitioner notice of the defect and the consequences for failing to correct it as well as an opportunity to respond to the argument for dismissal. Id.

II. The Petition Does Not Satisfy The Demanding Pleading Standard of Habeas Rule

Rule 8 of the Federal Rules of Civil Procedure requires a complaint in an ordinary civil case to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.