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Hubbard v. State Bar of California

United States District Court, E.D. California

February 4, 2014

ZANE HUBBARD, Petitioner,
v.
STATE BAR OF CALIFORNIA, Respondent.

FINDINGS AND RECOMMENDATION REGARDING PETITION FOR WRIT OF HABEAS CORPUS

GARY S. AUSTIN, Magistrate Judge.

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation at California State Prison, Corcoran. He provides no details on the conviction for which he is incarcerated. He names the State Bar of California as the respondent and makes vague, unintelligible claims concerning members of the California Supreme Court and State Bar of California. He further claims he received ineffective assistance of counsel, but makes multiple, unsupported, and generalized claims of counsel lying, slandering, acting in a conflict of interest, allowing false evidence, and volunteering irrelevant and personal information. He also claims he was wrongfully prosecuted, and then makes unsupported and generalized claims of the prosecutor admitting inadmissible evidence, failing to disclose inducements, falsifying evidence, failing to provide discovery, withholding favorable evidence, and acting in a conflict of interest. Finally, he makes various unsubstantiated and frivolous complaints concerning Magistrate Judge Michael J. Seng's actions in a previously-filed habeas case.

DISCUSSION

A. Procedural Grounds for Summary Dismissal

Rule 4 of the Rules Governing Section 2254 Cases provides in pertinent part:

If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.

The Advisory Committee Notes to Rule 8 indicate that the court may dismiss a petition for writ of habeas corpus, either on its own motion under Rule 4, pursuant to the respondent's motion to dismiss, or after an answer to the petition has been filed. See Herbst v. Cook , 260 F.3d 1039 (9th Cir.2001). A petition for habeas corpus should not be dismissed without leave to amend unless it appears that no tenable claim for relief can be pleaded were such leave granted. Jarvis v. Nelson , 440 F.2d 13, 14 (9th Cir. 1971).

B. Failure to State a Cognizable Federal Claim

The basic scope of habeas corpus is prescribed by statute. Title 28 U.S.C. § 2254(a) states:

The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to a judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

(emphasis added). See also Rule 1 to the Rules Governing Section 2254 Cases in the United States District Court. Furthermore, Rule 2 of the Rules Governing Section 2254 Cases provides that the petition:

"...shall specify all the grounds for relief which are available to the petitioner and of which he has or by the exercise of reasonable diligence should have knowledge and shall set forth in summary form the facts supporting each of the grounds thus specified."

Rule 2(c), Rules Governing Section 2254 Cases. Petitioner must also clearly state the relief ...


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