Opinion
CASE NO. C02-2572C
January 31, 2003
REPORT AND RECOMMENDATION
Petitioner Gary Ray Garris has submitted to this Court for review a petition for writ of habeas corpus under 28 U.S.C. § 2254. While petitioner's petition is largely incomprehensible, the Court can discern sufficient facts from the face of the petition to conclude that the petition warrants summary dismissal.
First, petitioner fails to specifically identify the conviction which he seeks to challenge. Petitioner identifies a number of different courts and a date range of August 1, 1988 to August 25, 1988, but he provides no comprehensible description of any specific offense or conviction. Second, it appears from the face of the petition that petitioner is not currently in custody on any conviction which he may seek to challenge. Relief under § 2254 is available only if the petitioner is in custody pursuant to the judgment under attack, or is in custody pursuant to some other judgment but subject to future custody pursuant to the judgment under attack. See Rule 1, Rules Governing Section 2254 Proceedings for the United States District Court. Finally, even if petitioner had more specifically identified the conviction under attack, and was in custody pursuant to such a conviction, the statute of limitations for challenging a 1988 conviction would have long expired. See 28 U.S.C. § 2244 (d).
As it appears that plaintiff is entitled to no relief in this Court, petitioner's federal habeas petition under 28 U.S.C. § 2254 should be summarily dismissed. See Rule 4, Rules Governing Section 2254 Proceedings for the United States District Court. A proposed order accompanies this Report and Recommendation.