Opinion
Case No. CV 15-03780-CAS (AS)
06-01-2015
ALEXANDER D. SAMMONS, Petitioner, v. Warden, H.D.S.P., S. PERRY, Respondent.
ORDER OF DISMISSAL
I. BACKGROUND
On May 19, 2015, pro se Petitioner, located at High Desert State Prison in Susanville, California, filed a one-page Motion for a Stay and Abeyance ("Motion"). Petitioner does not allege any claims. The Court is not in a position to determine whether the stay of a federal habeas petition might be warranted.
A Petition for Writ of Habeas Corpus can only be issued if petitioner is in state custody and that such custody is in violation of the Constitution, laws or treaties of the United States. 28 U.S.C. § 2254(c). Petitioner fails to allege any claim(s), much less any claims which go to the fact or duration of his confinement. See Preiser v. Rodriguez, 411 U.S. 475, 489 (1973).
Since Petitioner does not state a claim for relief under 28 U.S.C. § 2254, denial of the Motion is warranted.
II. ORDER
ACCORDINGLY, IT IS ORDERED that the Motion be dismissed without prejudice. DATED: 06/01/15
Petitioner may request a stay and abeyance of his actual federal habeas petition, if necessary.
/s/_________
CHRISTINA A. SNYDER
UNITED STATES DISTRICT JUDGE