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Vincente M. Ahumada v. Anthony Hedgpeth

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


October 18, 2011

VINCENTE M. AHUMADA, PETITIONER,
v.
ANTHONY HEDGPETH, RESPONDENT.

ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. § 2254. Before the court is petitioner's first amended petition.

Petitioner's application must be dismissed with leave to amend. See Rule 4, Rules Governing § 2254 Cases (requiring summary dismissal of habeas petition if, upon initial review by a judge, it plainly appears "that the petitioner is not entitled to relief in the district court").

As petitioner is aware, the court requires all petitions for writ of habeas corpus be filed on the proper form, which is provided by this court. L.R. 190(b); see also Rule 2(c)-(d), Rules Governing Section § 2254 Cases. Petitioner has not used the proper form, despite an earlier order from the court instructing him to do so.*fn1 See Dckt. No. 10.

Accordingly, it is ORDERED that:

1. Petitioner's amended petition is dismissed with leave to amend.

2. Petitioner has 30 days from the date of this order to file an amended petition for a writ of habeas corpus curing the deficiencies identified in this order. The petition must bear the docket number assigned to this action and be styled, "Second Amended Petition." The petition must also be complete in itself without reference to any prior petition. Failure to comply with this order will result in dismissal.

3. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus.


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