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Simpson v. Director of CDCR

United States District Court, C.D. California, Western Division

December 3, 2014

CHARLES SIMPSON, Petitioner,
v.
THE DIRECTOR OF THE CDCR, Respondent.

MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE AND WITH LEAVE TO AMEND

ANDREW J. WISTRICH, Magistrate Judge.

On November 24, 2014, petitioner filed this petition for a writ of habeas corpus. In its entirety, the petition states, "I'm requesting for injunctive relief to have the Director of the CDCR to [sic] reverse my conviction and give me $950 million dollars." [Petition at 1]. For the following reasons, the petition is subject to summary dismissal.

To the extent that petitioner seeks to challenge the validity of his conviction, he fails to provide any information regarding the conviction he seeks to challenge. For example, petitioner does not indicate the date of his conviction, the court in which it occurred, the crimes of which he was convicted, or the sentence imposed. Moreover, he does not state any claims for relief - that is, he provides no legal or factual basis for any such challenge. At best, petitioner's allegations are vague and conclusory. In addition, the petition fails to indicate whether petitioner exhausted any claims for relief by presenting them to the California Supreme Court. See 28 U.S.C. ยง2254(b)(1)(A) ("An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State.").

Furthermore, monetary damages are not available in a federal habeas corpus proceeding. Wolff v. McDonnell, 418 U.S. 539, 554 (1974); Preiser v. Rodriguez, 411 U.S. 475, 494 (1973).[1]

Based upon the foregoing deficiencies, the petition is dismissed without prejudice and with leave to amend. Petitioner shall, within twenty-eight (28) days of the date of this order, file an amended petition curing the deficiencies noted above. The amended petition shall be filed on the forms provided by the Clerk and shall bear the case number CV 14-9080-ODW(AJW), shall include information regarding the conviction or decision petitioner intends to challenge, shall provide the specific legal and factual basis for his claims for relief, and shall indicate whether petitioner has presented each claim to the California Supreme Court.

Petitioner is cautioned that failure to file an amended petition within the time provided may result in dismissal of this petition without prejudice.

It is so ordered.


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