Opinion
CV 22-02828-CAS (AS)
05-03-2022
VERNON CASTLE BROWN, JR., III, Petitioner, v. JEFF LYNCH, Warden, Respondent.
ALKA SAGAR UNITED STATES MAGISTRATE JUDGE
ORDER OF DISMISSAL
CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE
I. BACKGROUND
On April 26, 2022, Vernon Castle Brown, Jr. (“Petitioner”), a California state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 (“Petition”). (Dkt. No. 1).
Petitioner has filed numerous habeas petitions in this Court which have been dismissed.
The Petition does not state what conviction and/or sentence Petitioner is challenging. The Petition does not contain any information or assert any claims. Indeed, the Petition consists of only two pages and appears to be missing several pages. The Petition does not contain the date of Petitioner's signature. (See Petition at 1, 4).
Citations to the Petition utilize the page numbers provided by the Court's electronic docket.
A Petition for Writ of Habeas Corpus can only be filed by a petitioner who is in state custody and contends that such custody is in violation of the Constitution, laws or treaties of the United States. 28 U.S.C. § 2254(c). Here, Petitioner has failed to allege any claim(s), much less any claims which go to the fact or duration of his confinement. See Preiser v. Rodriguez, 411 U.S. 475, 489 (1973).
Because Petitioner does not state a claim for relief under 28 U.S.C. § 2254, dismissal of the Petition is warranted.
II. ORDER
ACCORDINGLY, IT IS ORDERED that the Petition be dismissed without prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.