Summary
The United States District Court for the Eastern District of California dismissed Jacinto Taron Robinson’s 28 U.S.C. § 2241 habeas petition because it lacked an original signature and failed to state a discernible cognizable claim. The court granted Robinson thirty days to file a signed First Amended Petition addressing the deficiencies and directed the Clerk to provide a blank § 2241 form.
Holdings
- The petition failed to state a discernible, cognizable claim for relief because it did not identify how the alleged conduct violated Robinson's constitutional rights and lacked sufficient factual support.
- The petition was defective because it did not contain an original signature under penalty of perjury.
- The petition was dismissed with leave to file a first amended petition within thirty days.
Questions Presented
- Whether the petition should be dismissed at preliminary review because it failed to state a cognizable habeas claim.
- Whether the petition should be dismissed because it lacked the petitioner's original signature under penalty of perjury.
- Whether Robinson should be granted leave to file an amended petition.
Disposition
other
Cases Cited (3)
- Hendricks v. Vasquez, 908 F.2d 490, 491 (9th Cir. 1990)(followed)
- Jarvis v. Nelson, 440 F.2d 13, 14 (9th Cir. 1971)(followed)
- Preiser v. Rodriguez, 411 U.S. 475, 484 (1973)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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