Frederick Jones v. Jones

Summary

The United States Magistrate Judge recommends dismissing Frederick Jones’s amended petition for a writ of habeas corpus because it seeks correction of the spelling of his name rather than relief concerning the fact or duration of his confinement. The court also directs the clerk to randomly assign a district judge and advises that objections may be filed within 30 days.

Holdings

1. A petition seeking correction of a prisoner's name, without challenging the underlying conviction or sentence or the fact or duration of confinement, is not cognizable in federal habeas corpus and is not the proper vehicle for the requested relief.
2. A habeas petition may be dismissed before the respondent is ordered to respond when it plainly appears from the petition and attached exhibits that the petitioner is not entitled to relief in the district court.

Questions Presented

1. Whether a state prisoner's petition seeking correction of the spelling of his name, without challenging the conviction, sentence, or fact or duration of confinement, is cognizable under federal habeas corpus.
2. Whether the amended petition should be dismissed at preliminary review under Rule 4 of the Rules Governing Section 2254 Cases.

Disposition

dismissed