Vernon C. Brown, Jr. v. Jeff Lynch
Vernon C. Brown, Jr. v. Jeff Lynch
Trial Court Opinion
1 2 3 JS-6 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION 11 12 VERNON C. BROWN, JR., ) Case No. CV 21-03632-CAS (AS) 13 ) Petitioner, ) ORDER OF DISMISSAL 14 ) ) 15 v. ) ) 16 JEFF LYNCH, Warden, ) ) 17 Respondent. ) ) 18 19 I. BACKGROUND 20 21 On April 23, 2021, Vernon C. Brown, Jr. (“Petitioner”), a 22 California state prisoner proceeding pro se, filed a “Petition for 23 Writ of Habeas Corpus,” (Dkt. No. 1), which the Court construes 24 as a Petition for Writ of Habeas Corpus by a Person in State 25 Custody pursuant to
28 U.S.C. § 2254(“Petition”).1 26 27 1 The Court notes that Petitioner has filed numerous 28 habeas petitions in this Court which have been dismissed. 1 1 The Petition does not contain any information or assert any 2 claims. (See Petition at 2-8).2 Simply listing cases, statutes 3 and rules (see Petition at 4, 6-8) is not an assertion of clear 4 and cognizable claims. 5 6 A Petition for Writ of Habeas Corpus can only be filed by a 7 petitioner who is in state custody and contends that such custody 8 is in violation of the Constitution, laws or treaties of the 9 United States.
28 U.S.C. § 2254(c). 10 11 In addition, Petitioner has failed to allege any claim(s), 12 much less any claims which go to the fact or duration of his 13 confinement. See Preiser v. Rodriguez,
411 U.S. 475, 489(1973). 14 15 Because Petitioner does not state a claim for relief under 16
28 U.S.C. § 2254, dismissal of the Petition is warranted. 17 18 // 19 // 20 // 21 22 23 24 25 26 27 2 Citations to the Petition refer to the page numbers 28 assigned by the Court’s electronic case filing system. 2 1 II. ORDER 2 3 ACCORDINGLY, IT IS ORDERED that the Petition be dismissed without prejudice. 5 6 LET JUDGMENT BE ENTERED ACCORDINGLY. 7 8 9 DATED: May 5, 2021 11 oe 1 Lito toa Uh buy CHRISTINA A. SNYDER 13 UNITED STATES DISTRICT JUDGE 14 Presented by: 15 16 /s/ ALKA SAGAR UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown