Christopher Jarmall Bailey v. Dan Schnurr

Summary

The United States District Court for the District of Kansas dismissed Christopher Jarmall Bailey’s pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 without prejudice because he failed to file an amended petition stating a plausible claim for federal habeas relief. The court declined to issue a certificate of appealability.

Holdings

1. A federal habeas petition that fails to state a claim for relief available in a federal habeas action may be dismissed without prejudice when the petitioner fails to file a court-authorized amended petition by the deadline.
2. No certificate of appealability should issue because the court's procedural ruling was not debatable among jurists of reason.

Questions Presented

1. Whether the petition should be dismissed without prejudice because it failed to state a claim for relief available in a federal habeas action and petitioner failed to file an amended petition.
2. Whether a certificate of appealability should issue after the procedural dismissal.

Disposition

dismissed