Opinion

Dunlap v. Superior Court of the City of San Berbardino

Court
District Court, District of Columbia
Filed
Jun 5, 2015
Status
Published
On the bench
Judge Emmet G. Sullivan
Nature of suit
Civil
Cited by
0 cases

The opinion

FILED

UNITED STATES DISTRICT COURT JUN ‘ 5 2015

FOR THE DISTRICT OF COLUMBIA Clerk. U.S. Dlstrlct & Bankruptcy

Courts for the District of Columbla

Jermaine J. Dunlap, )

I u )

Petltlonel‘, ; Case; 1:15—cv—00837

V ) Assigned To : Unassolglged

' Assign. Date : 6I5I2

Superior Court 3 Description: Habeas corPUS/ZZSS (G)

of the City of San Bernardino, )

)

Respondent. )

MEMORANDUM OPINION

Petitioner is a California state prisoner who has submitted a form “Petition for Writ of

Habeas Corpus,” which is comprised of incoherent statements. “Similar to the plaintiff” 5 prior

actions, this action is difficult to comprehend.” Dunlap v. Dep ’t of Review Board, No. 14-0145,

2014 WL 414156 (D.D.C. Jan. 30, 2014), citing Dunlap v. Board ofPrison Hearings, No. 1:08-

cv-1770, 2009 WL 1759651, at *3 (ED. Cal. Jun. 22, 2009) (dismissing amended habeas

petition presenting “the same incomprehensible allegations [stated] on three separate [prior]

occasions”). Dismissal is warranted first because the named court is not the proper respondent to

address the habeas petition. See Rumsfeld v. Padilla, 542 US. 426, 439-42 (2004) (applying

“immediate custodian rule”). Second, unlike the requirements for pleading a civil action, “Rule

2(c) of the Rules Governing Habeas Corpus Cases requires a more detailed statement. The

habeas rule instructs the petitioner to ‘specify all the grounds for relief available to him’ and to

‘state the facts supporting each ground.’ ” Mayle v. Felix, 545 US. 644, 649 (2005) (footnote

and internal alteration omitted). The lodged petition co where near satisfying the habeas

pleading standard. A separate Order of dismi this Memorandum Opinion.

Date: Maémfi

nited tates District Judge

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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