(HC) Barton v. California Mens Colony

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM BARTON, No. 2:23-cv-0995 DB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA MENS COLONY, Respondent. 16 Petitioner, a state prisoner, has filed a form document entitled “Petition for Writ of Habeas Corpus.” In that document, filed here on May 25, 2023, petitioner recites court rules and quotes from court orders. For several reasons, this action should be dismissed. First, petitioner identifies a March 1976 conviction in case no. 27558 in the San Joaquin County Superior Court as the subject of his petition. (See ECF No. 1 at 2.) However, petitioner does not allege any claims for relief. The court must dismiss a petition “[i]f it plainly appears from the petition ... that the petitioner is not entitled to relief.” Rule 4, Rules Governing §2254 Cases. Second, petitioner has a pending habeas corpus petition in this court - Barton v. Gastelo, 2:23-cv-0134 DJC DMC. In that action,…