UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
November 12, 2009
CARLTON MOSLEY, AKA CARLTON MOSLEY, SR., PETITIONER,
J. WALKER (WARDEN), RESPONDENT.
The opinion of the court was delivered by: Audrey B. Collins Chief United States District Judge
OPINION AND ORDER ON A PETITION FOR HABEAS CORPUS
On October 2, 2009, petitioner Carlton Mosley, aka Carlton Mosley, Sr., a state inmate proceeding pro se, filed a habeas corpus petition under 28 U.S.C. § 2254, which this Court dismissed with leave to amend under Rule 12(e) due to petitioner's failure to set forth his grounds for relief and supporting facts, and ordered petitioner to file an amended petition within thirty days. However, petitioner has not filed an amended petition.
Rule 1 of the Rules Governing Section 2254 Cases in the United States District Courts ("Rules") provides that the Rules govern the procedure in the federal district courts on an application under 28 U.S.C. § 2254 by a person in custody pursuant to a judgment of a state court. 28 foll. U.S.C. § 2254, Rule 1. Rule 2(c) requires that the petition shall specify all grounds for relief, as well as the facts supporting each ground. Id. Here, petitioner did not specify any grounds for relief or any supporting facts. Thus, the Court dismissed the petition with leave to amend, although this Court could have immediately summarily dismissed the petition, and afforded petitioner 30 days to file an amended petition. Moreover, the Court advised petitioner that failure to timely file an amended petition could result in dismissal of the action. Although more than thirty days have passed, petitioner has not filed an amended petition.
Rule 4 of the Rules Governing Section 2254 Cases in the United States Courts provides that "[i]f it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court, the judge shall make an order for its summary dismissal...." 28 foll. U.S.C. § 2254, Rule 4. Since the petition is defective on its face, and does not set forth any grounds for relief or supporting facts, it should now be summarily dismissed without prejudice.
IT IS HEREBY ORDERED that Judgment shall be entered SUMMARILY DISMISSING without prejudice the petition for writ of habeas corpus.
PRESENTED BY: DATE: November 12, 2009
ROSALYN M. CHAPMAN UNITED STATES MAGISTRATE JUDGE
© 1992-2009 VersusLaw Inc.