Opinion
Case No.: 2:20-cv-00478-APG-BNW
04-14-2020
IN RE ELLONA REDDICK, JAY JASMINE SADDLER, Petitioner
ORDER DISMISSING CASE
[ECF Nos. 1, 4]
It appears that Jay Jasmine Saddler, who is in the custody of the State of Wisconsin Department of Corrections, seeks an order from this court for DNA testing for a paternity matter. ECF No. 1-1. While he has styled his filing as a habeas corpus petition, he is not challenging his custody under a state judgment of conviction on federal constitutional grounds, as is required for a 28 U.S.C. § 2254 habeas corpus petition. This court cannot grant the petition because it fails to state a claim for which habeas corpus relief may be granted.
I THEREFORE ORDER the Clerk to detach and file the petition (ECF No. 1-1).
I FURTHER ORDER that the petition is DISMISSED for failure to state a claim for which relief may be granted.
I FURTHER ORDER that petitioner's application for leave to proceed in forma pauperis (ECF No. 1) and motion for DNA (ECF No. 4) are both DENIED as moot.
I FURTHER ORDER that a certificate of appealability is denied.
I FURTHER ORDER the Clerk to enter judgment accordingly and close this case.
Dated: April 14, 2020
/s/_________
U.S. District Judge Andrew P. Gordon