Opinion

Vernon C. Brown, Jr. v. Jeff Lynch

Court
District Court, C.D. California
Filed
May 5, 2021
Cited by
0 cases
Authority
More cited than 18.0%

The opinion

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA-WESTERN DIVISION

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VERNON C. BROWN, JR., ) Case No. CV 21-03632-CAS (AS)

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Petitioner, ) ORDER OF DISMISSAL

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16 JEFF LYNCH, Warden, )

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17 Respondent. )

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I. BACKGROUND

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On April 23, 2021, Vernon C. Brown, Jr. (“Petitioner”), a

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California state prisoner proceeding pro se, filed a “Petition for

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Writ of Habeas Corpus,” (Dkt. No. 1), which the Court construes

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as a Petition for Writ of Habeas Corpus by a Person in State

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Custody pursuant to 28 U.S.C. § 2254 (“Petition”).1

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1 The Court notes that Petitioner has filed numerous

28 habeas petitions in this Court which have been dismissed.

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1 The Petition does not contain any information or assert any

2 claims. (See Petition at 2-8).2 Simply listing cases, statutes

3 and rules (see Petition at 4, 6-8) is not an assertion of clear

4 and cognizable claims.

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6 A Petition for Writ of Habeas Corpus can only be filed by a

7 petitioner who is in state custody and contends that such custody

8 is in violation of the Constitution, laws or treaties of the

9 United States. 28 U.S.C. § 2254(c).

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11 In addition, Petitioner has failed to allege any claim(s),

12 much less any claims which go to the fact or duration of his

13 confinement. See Preiser v. Rodriguez, 411 U.S. 475, 489 (1973).

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15 Because Petitioner does not state a claim for relief under

16 28 U.S.C. § 2254, dismissal of the Petition is warranted.

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2 Citations to the Petition refer to the page numbers

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1 II. ORDER

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3 ACCORDINGLY, IT IS ORDERED that the Petition be dismissed

without prejudice.

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6 LET JUDGMENT BE ENTERED ACCORDINGLY.

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DATED: May 5, 2021

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1 Lito toa Uh buy

CHRISTINA A. SNYDER

13 UNITED STATES DISTRICT JUDGE

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Presented by:

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16 /s/

ALKA SAGAR

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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