Cheng Saetern v. L. Garnica

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHENG SAETERN, Case No. 2:25-cv-2572-JDP (P) 12 Petitioner, 13 v. ORDER 14 L. GARNICA, 15 Respondent. 16 17 18 Petitioner, a state prisoner, brings this action under section 2254. ECF No. 1. After 19 review of the petition, I find that is deficient insofar as it does not identify, with sufficient 20 particularity, the conviction that it is attacking or when that conviction was finalized. I will 21 dismiss the petition with leave to amend. I will also grant petitioner’s application to proceed in 22 forma pauperis, ECF No. 5. 23 The petition is before me for preliminary review under Rule 4 of the Rules Governing 24 Section 2254 Cases. Under Rule 4, the judge assigned to the habeas proceeding must examine 25 the habeas petition and order a response to the petition unless it “plainly appears” that the 26 petitioner is not entitled to relief. See Valdez v. Montgomery, 918 F.3d 687, 693 (9th Cir. 2019); 27 Boyd v. Thompson, 147 F.3d 1124, 1127 (9th Cir. 1998). 28 ] The petition is deficient because it omits certain crucial information, namely the year and 2 | court of conviction. The year is relevant because there is some question as to timeliness, insofar 3 | as the pleading asserts that petitioner has tried “for years” to find legal help in bringing this 4 | petition. ECF No. 1 at 4. From the pleading, it appears that petitioner’s English is poor and that 5 | the drafting work has been done by another inmate. As such, it is with some reluctance that I 6 | direct him to file an amended petition, but, ultimately, I believe that having him submit a petition 7 | on the proper habeas form will assist the court, and any potential respondent, in addressing the 8 | claims raised. 9 I will dismiss the petition with leave to amend. If petitioner chooses to file an amended 10 | petition, he must do so on the form provided. The amended petition should be titled “First 11 | Amended Petition” and be submitted on the habeas form enclosed with this order. 12 Accordingly, it is ORDERED that: 13 1. The petition, ECF No. 1, is DISMISSED with leave to amend. 14 2. Within thirty days from service of this order, petitioner shall file either (1) an 15 | amended petition or (2) notice of voluntary dismissal of this action without prejudice. 16 3. Failure to timely file either an amended petition or notice of voluntary dismissal 17 | may result in the imposition of sanctions, including a recommendation that this action be 18 | dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b). 19 4. The Clerk of Court shall send petitioner a habeas petition form with this order. If 20 | he files an amended petition, he must use this form. 21 5. Petitioner’s application to proceed in forma pauperis, ECF No. 5, is GRANTED. 22 73 IT IS SO ORDERED. 24 ( q Sty — Dated: _ February 10, 2026 QH——— 25 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE

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