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Eligio Cervantes v. State of California

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


February 7, 2011

ELIGIO CERVANTES, PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENT.

ORDER

Petitioner is a California civil detainee proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. He has paid the filing fee.

Petitioner challenges a Lassen County conviction for child molestation and the fact the he has been civilly committed under California's Sexually Violent Predators Act (Cal. Welf. & Inst. Code §§ 6000 et seq.). However, Rule 2(e) of the Rules Governing Section 2254 Cases permits habeas petitioners to challenge only one judgment of one state court per habeas petition. Therefore, petitioner's habeas petition will be dismissed. Petitioner will be granted leave to submit an amended petition in which petitioner challenges his Lassen County conviction for child molestation or his commitment under California's Sexually Violent Predators Act, but not both. Failure to file an amended petition which complies with this order will result in a recommendation that this action be dismissed.

Accordingly, IT IS HEREBY ORDERED that:

1. Petitioner's application for writ of habeas corpus is dismissed;

2. The Clerk of the Court is directed to send petitioner the court's form-application for writ of habeas corpus by state prisoners; and

3. Petitioner is granted thirty days within which to file an amended petition for writ of habeas corpus on the form provided by the Clerk of the Court. In the amended petition petitioner may challenge his Lassen County conviction for child molestation or his commitment under California's Sexually Violent Predators Act, but not both. Failure to file an amended petition which complies with this order will result in a recommendation that this action be dismissed.

20110207

© 1992-2011 VersusLaw Inc.



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