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Garcia v. Clark

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 13, 2010

MARIO FLAVIO GARCIA, PETITIONER,
v.
KEN CLARK, WARDEN, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, is seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has two motions pending before the court.

First, on August 2, 2010, petitioner filed a motion requesting that this case be reassigned to a United States District Judge. As the court explained in its June 22, 2010 order, petitioner's decision to decline the jurisdiction of the undersigned magistrate judge has already been duly noted. United State District Judge Garland E. Burrell has been randomly assigned to this action.*fn1 (Doc. No. 9.) Accordingly, petitioner's request for reassignment will be denied as moot.

Second, on August 11, 2010, petitioner filed a motion requesting that his "pleadings be interpreted more liberally." The court is well-aware that "[a] document filed pro se is 'to be liberally construed,' . . . however inartfully pleaded, [and] must be held to less stringent standards than formal pleadings drafted by lawyers." Woods v. Carey, 525 F.3d 886, 889-90 (9th Cir. 2008) (quoting Erickson v. Pardus, 551 U.S. 89, 94 (2007)); see Corjasso v. Ayers, 278 F.3d 874, 878 (9th Cir. 2002) ("Pro se habeas petitioners may not be held to the same technical standards as litigants represented by counsel."). Accordingly, petitioner's request will be denied as unnecessary.

CONCLUSION

In accordance with the above, IT IS HEREBY ORDERED that:

1. Petitioner's August 2, 2010 motion for the reassignment of this case (Doc. No. 21) is denied as moot; and

2. Petitioner's August 11, 2010 motion for his pleadings to be interpreted more liberally (Doc. No. 23) is denied as unnecessary.


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