Folds v. Blades

Full title: WILLIAM R. FOLDS, Petitioner, v. RANDY BLADES, et al., Respondents

Court: United States District Court, D. Idaho

Date published: Apr 13, 2004

Case No. CV 04-144-S-MHW (D. Idaho Apr. 13, 2004)

Opinion

Case No. CV 04-144-S-MHW.

April 13, 2004

ORDER

MIKEL WILLIAMS, Magistrate Judge

William R. Folds lodged a Petition for Writ of Habeas Corpus with the Court on March 25, 2004. (Docket No. 3.) The Court has reviewed the Petition and has determined that it does not substantially comply with the requirements for filing under the Rules Governing Section 2254 Cases. In particular, the Court is unable to discern the grounds upon which Petitioner contends his custody violates federal law. See Rule 2(c) of the Rules Governing Section 2254 Cases.

To the extent that Petitioner is requesting this Court to declare that he should be released on November 7, 2006, he is advised that this is not a proper basis for a writ of habeas corpus. A federal court cannot issue a writ of habeas corpus unless a petitioner is currently in custody in violation of the Constitution, laws, or treaties of the United States. See 28 U.S.C. § 2254(a). Petitioner is further advised that any federal claim that he wishes to raise in federal court he must have first presented, in a procedurally proper manner, to the Idaho Supreme Court. See O'Sullivan v. Boerckel, 526 U.S. 838 (1999).

The Court will exercise its discretion in this case and order the Clerk of Court to return the Petition to Petitioner, together with a blank form for a Petition for Writ of Habeas Corpus. See Rule 2(e) of the Rules Governing Section 2254 Cases. If Petitioner believes that he has a viable habeas corpus claim, he should fill in the blank form and file it with the Court on or before May 15, 2004.

ORDER

NOW THEREFORE IT IS HEREBY ORDERED that the Clerk of Court shall return a copy of the Petition for Writ of Habeas Corpus (Docket No. 3) to the Petitioner, together with a blank form for a Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254.

IT IS FURTHER ORDERED that if Petitioner wishes to proceed with this case, he shall file a Petition that complies with the Rules Governing Section 2254 Cases by May 15, 2004. If Petitioner does not file a Petition by that date that is in compliance with the Rules, the case will be dismissed.