Pedro J. Reyes Muriel v. Wayne T. Salisbury, Jr.

Summary

The United States District Court for the District of Rhode Island ordered habeas petitioner Pedro J. Reyes Muriel to file an amended petition complying with Rule 2 of the Rules Governing Section 2254 Cases. The court found that the petition did not state specific facts supporting each ground for relief and denied the motion for an evidentiary hearing without prejudice as moot.

Holdings

1. A § 2254 petitioner must state specific, particularized facts supporting each ground for relief, with enough detail for the court to determine from the face of the petition whether further habeas review is warranted. The petition did not satisfy that requirement.
2. The motion for an evidentiary hearing was denied without prejudice as moot because the petitioner first had to submit an amended petition complying with Rule 2.

Questions Presented

1. Whether the habeas petition substantially complied with Rule 2 of the Rules Governing Section 2254 Cases.
2. Whether the petitioner was entitled to an evidentiary hearing before filing a compliant amended petition.

Disposition

remanded