Opinion

Brown v. Powell

Court
District Court, D. Utah
Filed
Nov 15, 2022
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH

JUSTIN BROWN,

MEMORANDUM DECISION

Petitioner, & ORDER REGARDING

PETITION’S DEFICIENCIES

v.

Case No. 2:22-CV-304-RJS

ROBERT POWELL,

Chief District Judge Robert J. Shelby

Respondent.

Having reviewed the habeas-corpus petition here, 28 U.S.C.S. § 2254 (2022), the Court

concludes that it must be amended to cure this deficiency if Petitioner wishes to further pursue

claims: Petition has possibly been supplemented by other potential claims in other documents

filed in this case by Petitioner. (ECF Nos. 7, 9.)

INSTRUCTIONS TO PETITIONER

Under Rule 8 of the Federal Rules of Civil Procedure an initial pleading is required to

contain "(1) a short and plain statement of the grounds upon which the court's jurisdiction

depends, . . . (2) a short and plain statement of the claim showing that the pleader is entitled to

relief, and (3) a demand for judgment for the relief the pleader seeks." Fed. R. Civ. P. 8(a). The

requirements of Rule 8(a) are intended to guarantee "that [respondents] enjoy fair notice of what

the claims against them are and the grounds upon which they rest." TV Commc'ns Network, Inc.

v. ESPN, Inc., 767 F. Supp. 1062, 1069 (D. Colo. 1991), aff’d, 964 F.2d 1022 (10th Cir. 1992).

Pro se litigants are not excused from complying with Rule 8’s minimal pleading

requirements. "This is so because a pro se [litigant] requires no special legal training to recount

the facts surrounding his alleged injury, and he must provide such facts if the court is to

determine whether he makes out a claim on which relief can be granted." Hall v. Bellmon, 935

F.2d 1106, 1009 (10th Cir. 1991). Moreover, "it is not the proper function of the Court to assume

the role of advocate for a pro se litigant." Id. at 1110. Thus, the Court may not "supply additional

facts, [or] construct a legal theory for [petitioner] that assumes facts that have not been pleaded."

Dunn v. White, 880 F.2d 1188, 1197 (10th Cir. 1989).

Petitioner should consider the following points before filing an amended petition. First,

the revised petition must stand entirely on its own and shall not refer to, or incorporate by

reference, any portion of the original petition or any other documents previously filed by

Petitioner. See Murray v. Archambo, 132 F.3d 609, 612 (10th Cir. 1998) (amendment supersedes

original). Second, Petitioner must clearly state whom Petitioner's current custodian is and name

that person (a warden or ultimate supervisor of an imprisonment facility) as the respondent. See

R. 2, Rs. Governing § 2254 Cases in the U.S. Dist. Cts. Third, Petitioner may not bring civil-

rights claims as to his conditions of confinement in a habeas-corpus petition. Fourth, any claims

about Petitioner's underlying conviction and/or sentencing should be brought under § 2254; any

claims about the execution of Petitioner's sentence should be brought under § 2241. 28 U.S.C.S.

§§ 2254, 2241 (2022). Fifth, claims made based on state law are not proper in a federal habeas

petition. Id. § 2241 (“The writ of habeas corpus shall not extend to a prisoner unless . . . He is in

custody in violation of the Constitution or laws or treaties of the United States . . . .”).

O R D E R

IT IS ORDERED that:

(1) Petitioner shall have thirty days from today to cure the above deficiencies. In

response to this Order, the Court will accept one document entitled, “Amended Petition.” The

Amended Petition shall include all issues, arguments, and citations in one document, with no

references to any other document. The Amended Petition will be the only document the Court

will review to determine whether to order an answer from Respondent. R. 4, Rs. Governing §

2254 Cases in the U.S. Dist. Cts. (stating court--on its own--shall examine petition for

petitioner’s entitlement to relief and dismiss petition or order answer as warranted).

(2) The Clerk's Office shall mail Petitioner a copy of the Pro Se Litigant Guide with a

proper form petition to be completed, according to the directions.

(3) If Petitioner fails to timely cure the above-noted deficiencies, as directed here, this

action will be dismissed without further notice.

(4) Petitioner's motion for evidentiary hearing DENIED. (ECF No. 11.) There is no valid

petition on file, and, in any event, it is the Court's prerogative--without prompting by Petitioner--

to determine whether an evidentiary hearing is needed in a habeas case. See R. 8, Rs. Governing

§ 2254 Cases in the U.S. Dist. Cts ("[T]he judge must review the answer, any transcripts and

records of state-court proceedings, and any materials submitted under Rule 7 to determine

whether an evidentiary hearing is warranted.").

(5) Petitioner’s motion to compel the Utah Department of Corrections to give him a

certified inmate account statement is DENIED as moot, (ECF No. 13). Petitioner has paid the

filing fee in full.

DATED this 15th day of November, 2022.

BY THE COURT:

CHIEF RIC : JUDGE ROBERT J. SHELBY

United States District Court

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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