(HC) Davis v. San Joaquin County

Good Law
United States District Court, Eastern District of CaliforniaJanuary 23, 20232:22-cv-02011California405 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIE DAVIS, No. 2:22-CV-2011-DMC-P Petitioner,

ORDER

v. L. MARTINEZ, Respondent. 16 Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2254. Pending before the Court is first Petitioner’s petition, ECF No. 9. Petitioner’s original petition was dismissed with leave to amend for failure to name the correction respondent. See ECF No. 8. Plaintiff has filed a first amended petition which names the correct respondent but remains defective for other reasons. Specifically, the first amended petition does not comply with Rule 2(c) of the Federal Rules Governing Section 2254 Cases. Allegations which are unsupported by a statement of specific facts do not warrant federal habeas relief. James v. Borg, 24 F.3d 20, 26 (9th Cir. 1994). Moreover, “[f]ederal courts are authorized to dismiss summarily any habeas petition that appears legally insufficient on its face.”…

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