Muniz v. Jarneck

Muniz v. Jarneck

Petitioner:	Salvador Solorio Muniz
Respondent:	Paula M Jarneck
Case Number:	3:2007cv02140
Filed:	November 7, 2007
Court:	US District Court for the Southern District of California
Office:	San Diego Office
County:	San Diego
Presiding Judge:	Jan M. Adler
Presiding Judge:	Irma E. Gonzalez
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
November 9, 2007	Filing 3 ORDER DISMISSING CASE. Court dismisses case w/o prejudice and w/ leave to amend, because Petitioner has failed to state a cognizable federal claim and failed to allege exhaustion of state judicial remedies. Court denies as moot Petitioner's 2 MOTION for Leave to Proceed in Forma Pauperis. If Petitioner is seeking to challenge constitutionality of a state court conviction, he must file a 1st Amended Petition by 1/14/2008. If Petitioner wishes to challenge the conditions of his confinement, he must file a new civil case and pay the $350 filing fee. Signed by Judge Irma E. Gonzalez on 11/9/2007. Blank First Amended Petition and blank Civil Complaint forms t/w a copy of this Order mailed to Petitioner. (jah)

Date Filed

Document Text

November 9, 2007

Filing 3 ORDER DISMISSING CASE. Court dismisses case w/o prejudice and w/ leave to amend, because Petitioner has failed to state a cognizable federal claim and failed to allege exhaustion of state judicial remedies. Court denies as moot Petitioner's 2 MOTION for Leave to Proceed in Forma Pauperis. If Petitioner is seeking to challenge constitutionality of a state court conviction, he must file a 1st Amended Petition by 1/14/2008. If Petitioner wishes to challenge the conditions of his confinement, he must file a new civil case and pay the $350 filing fee. Signed by Judge Irma E. Gonzalez on 11/9/2007. Blank First Amended Petition and blank Civil Complaint forms t/w a copy of this Order mailed to Petitioner. (jah)

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Petitioner: Salvador Solorio Muniz
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Respondent: Paula M Jarneck
Represented By:	Attorney General
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