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Knutson v. Biter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 5, 2014
Case No. 14-cv-01472-JD (N.D. Cal. Aug. 5, 2014)

Opinion

Case No. 14-cv-01472-JD

08-05-2014

RONALD KNUTSON, Plaintiff, v. MARTIN BITER, Defendant.


ORDER OF DISMISSAL

Re: Dkt. Nos. 10, 11

Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in Santa Clara County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). The original petition was dismissed with leave to amend and he has filed an amended petition.

DISCUSSION

I. STANDARD OF REVIEW

This Court may entertain a petition for writ of habeas corpus "in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254(a); Rose v. Hodges, 423 U.S. 19, 21 (1975). Habeas corpus petitions must meet heightened pleading requirements. McFarland v. Scott, 512 U.S. 849, 856 (1994). An application for a federal writ of habeas corpus filed by a prisoner who is in state custody pursuant to a judgment of a state court must "specify all the grounds for relief available to the petitioner ... [and] state the facts supporting each ground." Rule 2(c) of the Rules Governing § 2254 Cases, 28 U.S.C. § 2254. "'[N]otice' pleading is not sufficient, for the petition is expected to state facts that point to a 'real possibility of constitutional error.'" Rule 4 Advisory Committee Notes (quoting Aubut v. Maine, 431 F.2d 688, 689 (1st Cir. 1970)).

II. LEGAL CLAIMS

While petitioner does not state when he was convicted and sentenced, the California Court of Appeal affirmed the conviction in 2006. People v. Knutson, No. H029611, 2006 WL 3639259 (Cal. Ct. App. Dec. 14, 2006). The original petition was dismissed with leave to amend as it appeared to be untimely and the petition did not set forth specific habeas claims and much of it was illegibly handwritten and incomprehensible. It was noted that petitioner previously filed a habeas case in this Court regarding the same conviction in 2008 that was dismissed without prejudice. Knutson v. Jacquez, Case No. 08-cv-5694-CW. The handwritten filings in that case were also difficult to decipher and the claims were incomprehensible. Docket No. 14 in Case No. 08-cv-5694-CW.

Following a court trial, petitioner was convicted of attempted kidnapping and felony false imprisonment. As petitioner had suffered four prior convictions for serious felonies and strikes, he was sentenced to 25 years to life, consecutive to 20 years.

The amended petition has failed to cure the deficiencies described in the Court's prior order. The majority of the amended petition is illegible and the Court cannot ascertain the relief petitioner seeks. He has not presented specific habeas claims and refers to the mafia, gambling, Bugsy Malone, Indian Tribe Gaming and court hearings in Santa Clara County Superior Court. As petitioner has again failed to present specific habeas claims or address the timeliness of the petition, the case is dismissed.

Petitioner has presented similar allegations in a civil rights complaint filed around the same time as this case in the Eastern District of California. See Knutson v. Kern Valley State Prison, Case No. 14-cv-0448-SKO.
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CONCLUSION

1. The motions to compel discover (Docket Nos. 10, 11) are DENIED.

2. The petition is DISMISSED for the reasons set forth above.

Because reasonable jurists would not find the result here debatable, a certificate of appealability ("COA") is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA). The clerk shall close the file.

IT IS SO ORDERED. Dated: August 5, 2014

/s/_________

JAMES DONATO

United States District Judge

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California.

That on 8/6/2014, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Ronald Knutson
D4-115
Kern Valley State Prison
P.O. Box 5104
Delano, CA 93216-6000
Dated: 8/6/2014

Richard W. Wieking

Clerk, United States District Court

By: /s/_________

LISA R. CLARK, Deputy Clerk to the

Honorable JAMES DONATO


Summaries of

Knutson v. Biter

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Aug 5, 2014
Case No. 14-cv-01472-JD (N.D. Cal. Aug. 5, 2014)
Case details for

Knutson v. Biter

Case Details

Full title:RONALD KNUTSON, Plaintiff, v. MARTIN BITER, Defendant.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Aug 5, 2014

Citations

Case No. 14-cv-01472-JD (N.D. Cal. Aug. 5, 2014)