Opinion
Case No. CV 18-03907-CAS (AS)
05-14-2018
VERNON CASTLE BROWN, JR., Petitioner, v. DAVID BAGUMAN, Warden, Respondent.
ORDER OF DISMISSAL
I. BACKGROUND
On May 10, 2018, Vernon Castle Brown, Jr. ("Petitioner"), a California state prisoner proceeding pro se, filed a "Petition for Writ of Habeas Corpus"("Petition"). (Docket Entry No. 1).
The Petition does not contain any information or assert any claims. (See Petition at 2-6).
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).
In addition, Petitioner has failed to allege any claim(s), much less any the 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. DATED: May 14, 2018
/s/_________
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE Presented by: /s/_________
ALKA SAGAR
UNITED STATES MAGISTRATE JUDGE