From Casetext: Smarter Legal Research

Wardlaw v. Harrison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 30, 2012
No. 2:04-cv-02172-AK (E.D. Cal. Jul. 30, 2012)

Opinion

No. 2:04-cv-02172-AK

07-30-2012

ROSS ALLEN WARDLAW, Petitioner, v. C. M. HARRISON, Warden, Respondent.


ORDER

Wardlaw's habeas petition is dismissed. 28 U.S.C. § 2254 r. 4. His "[c]onclusory allegations which are not supported by a statement of specific facts do not warrant habeas relief." James v. Borg, 24 F.3d 20, 26 (9th Cir. 1994).

The dismissal is with prejudice because Wardlaw has had ample opportunity to mend the deficiencies in his petition. Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1108 (9th Cir. 2003). He twice attempted to submit amended petitions that did not comply with local rules. The court then gave Wardlaw an opportunity to submit a compliant amended petition by April 17, 2012, but he failed to do so.

Because Wardlaw has not made a substantial showing that he was denied a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).

_________________

ALEX KOZINSKI

Chief Circuit Judge

Sitting by designation


Summaries of

Wardlaw v. Harrison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Jul 30, 2012
No. 2:04-cv-02172-AK (E.D. Cal. Jul. 30, 2012)
Case details for

Wardlaw v. Harrison

Case Details

Full title:ROSS ALLEN WARDLAW, Petitioner, v. C. M. HARRISON, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Jul 30, 2012

Citations

No. 2:04-cv-02172-AK (E.D. Cal. Jul. 30, 2012)