United States District Court, N.D. California
January 21, 2004.
JOSE ANTONIO CUELLAR, Petitioner
J.E. SLADE, Warden, Respondent
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL
Petitioner is a California prisoner who filed this pro se petition
for a writ of habeas corpus under 28 U.S.C. § 2254. After reviewing
the petition, the Court found that it did not state a cognizable claim
for relief because it did not allege any specific violation of federal
law. See 28 U.S.C. § 2254(a); Hendricks v. Vasquez,
908 F.2d 490, 491 (9th Cir. 1990). Petitioner was given leave to amend the
petition to set forth cognizable claims, and the Court informed
petitioner that the failure to do so would result in dismissal of this
Petitioner has filed an amended petition, but it does not cure the
deficiencies in the original petition. A petitioner must state his claims
with sufficient specificity. See Hendricks, 908 F.2d at 491-92;
Wacht v. Cardwell, 604 F.2d 1245, 1246-47 (9th Cir. 1979).
Conclusory allegations in a habeas petition fail to state a claim and do
not suffice to shift the burden to the state to answer an order to show
cause. Allard v. Nelson, 423 F.2d 1216, 1217 (9th Cir. 1970).
In granting petitioner leave to amend, the Court instructed petitioner:
amended petition . . . must set forth claims that have been
exhausted and that allege specifically how petitioner's state court
conviction violated federal law. The amended petition must list claims
separately and briefly in the space designated on the form and, if
necessary, on an attached sheet." The amended petition makes only vague
and conclusory allegations regarding his conviction, and it does not set
forth any violations of federal law. As a result, petitioner has failed
to comply with the order granting leave to amend the petition.
Accordingly, the petition is DISMISSED for failure to state a cognizable
claims for relief.
This order terminates all pending motions and the clerk shall close the
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
 Jury Verdict. This action came before the Court for a trial by
jury. The issues have been tried and the jury has rendered its
 Decision by Court. This action came to trial or hearing before
the Court. The issues have been tried or heard and a decision has been
IT IS ORDERED AND ADJUDGED the petition is DISMISSED for failure to state
a cognizable claim(r) for relief.
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