Courts v. Superior Court
- Edward Chen
- 3:19-cv-08238
- U.S. District Court · Northern District of California
- 3
In Courts v. Superior Court, Judge Chen dismissed Rene Courts’s habeas petition with leave to amend because it identified neither the challenged decision nor a federal-rights violation.
Rene Courts, whose habeas petition was dismissed with leave to amend; Superior Court was named as the respondent.
What happened
In Courts v. Superior Court, Rene Courts filed a petition asking for release from custody under a federal law that allows challenges to state-court custody. The court reviewed the petition at the outset.
The court found that the petition did not identify the decision being challenged. It also did not state which constitutional or federal legal right was violated or provide facts supporting such a claim.
Judge Edward M. Chen dismissed the petition with leave to amend. Courts had until June 5, 2020, to file a complete amended petition and either pay the $5 filing fee or submit an application to proceed without paying it.
The detailed version
- Courts v. Superior Court · No. 3:19-cv-08238
- Edward Chen
- Apr. 16, 2020
Background
Rene Courts, an inmate at the San Francisco County Jail, filed this self-represented action seeking a writ of habeas corpus under 28 U.S.C. § 2254. That statute allows a federal court to review state-court custody when the custody allegedly violates the Constitution, federal laws, or treaties of the United States. The court reviewed the petition under the procedures governing initial review of § 2254 petitions.
Deficiencies in the Petition
The court identified two problems. First, the petition did not identify the decision that Courts wanted to challenge. The court instructed him to clearly identify that decision in an amended petition.
Second, the petition did not allege a violation of any constitutional right, federal law, or treaty. The section requesting the grounds for relief was blank. Although the filing included forms, a checklist, and sample pleading paragraphs, it did not identify a legal claim or facts showing how Courts’ rights were violated. The court instructed him to identify his claims and provide a straightforward factual statement supporting each one.
Ruling and Deadlines
The court DISMISSED the petition for a writ of habeas corpus WITH LEAVE TO AMEND. Courts was required to file an amended petition by June 5, 2020, using the case caption and case number and marking the filing “Amended Petition.” The court stated that the amended petition had to be a complete statement of his claims and that failure to meet the deadline would result in dismissal of the action.
The court also required Courts to pay the $5 filing fee or submit a completed application to proceed without paying the fee by June 5, 2020. The opinion does not decide whether Courts was entitled to habeas relief on the underlying issues because the petition did not adequately identify the challenged decision or any federal-rights violation. Judge Edward M. Chen signed the order on April 16, 2020.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.