United States District Court, C.D. California, Western Division
February 3, 2015
CHARLES SIMPSON, Petitioner,
THE DIRECTOR OF THE CDCR, Respondent.
MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE
OTIS D. WRIGHT, II, District Judge.
Petitioner filed a petition for a writ of habeas corpus on December 8, 2014. In its entirety, the petition states, "I am requesting for injunctive relief to have the Director of the CDCR to [sic] reverse my conviction and give me $950 million dollars."
On December 22, 2014, the petition was dismissed without prejudice and with leave to amend. The order dismissing the petition explained that the petition failed to provide essential information. Specifically, the order noted that the petition failed to identify the conviction that petitioner seeks to challenge, failed to allege any claims for relief, and failed to state whether petitioner had exhausted any claims by presenting them to the California Supreme Court. The order added that petitioner's request for monetary damages was not properly raised in a federal habeas corpus proceeding.
Petitioner was provided an opportunity to cure these deficiencies by filing an amended petition, and the Clerk mailed the appropriate form to petitioner along with the order dismissing the original petition. He was cautioned that failure to timely comply with the order would result in dismissal of this action without prejudice. The amended petition was due on January 20, 2015. However, petitioner did not file an amended petition. Instead, he filed a document entitled "Errors That Was [sic] Made By The Court (Notice)" ("Notice") in which petitioner requests that the Court grant him relief based on his original petition.
The Court has considered whether this case is properly dismissed under Rule 41(b) of the Federal Rules of Civil Procedure as a sanction for failure to prosecute or to comply with court orders, or whether it should be dismissed pursuant to Rule 4 of the Rules Governing Section 2254 Cases. Generally, if a plaintiff fails to respond after his or her complaint has been dismissed with leave to amend, dismissal for failure to comply with a court order is appropriate. Edwards v. Marin Park, Inc. , 356 F.3d 1058, 1065 (9th Cir. 2004). On the other hand, a plaintiff has the right to allow the complaint to be dismissed to obtain an appealable final judgment. Edwards , 356 F.3d at 1065. The Ninth Circuit has held that a plaintiff's failure to "respond to the court's ultimatum - either by amending the complaint or by indicating to the court that it will not do so - is properly met with the sanction of a Rule 41(b) dismissal. Where, however, the plaintiff makes an affirmative choice not to amend, and clearly communicates that choice to the court, there has been no disobedience to a court's order to amend...." Edwards , 356 F.3d at 1065. In the latter situation, dismissal for failure to state a claim is appropriate. There is no reason why the same principles should not apply to habeas corpus petitioners.
The Court construes petitioner's "Notice" as a notice of his intent to "stand" on his petition and obtain a final appealable judgment on its sufficiency. As explained in the order dismissing the petition, the petition fails to identify the conviction petitioner intends to challenge, fails to state any claims for relief, and fails to indicate whether petitioner exhausted his state remedies. For these reasons, the petition is dismissed without prejudice pursuant to Rule 4 of the Rules Governing Section 2254 Cases.
It is so ordered.