Alonzo McKinney v. G. Newsom
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…