Galvan v. United States

1:08-cv-01777 | D. Colo. | Sep 10, 2008

lN THE UN|TED STATES D|STR|CT COURT FOR THE D|STR[CT OF COLORADO warren srArlEsLorE s-rnrcr D NVER, coLonAogOURT Civil Action No. 08-cv-O1777-BNB SEP 10 grigg Hu:vlsERro cALvAN, GREGORYC LANcHAr/~ ' i App|icant, \`Ci§j< V. UN|TED STATES OF AIV|ER|CA, Respondent. ORDER D|RECT|NG APPL|CANT TO F|LE AN|ENDED PLEAD|NG Applicant, Humberto Galvan, is incarcerated at the Cibola County Correctional Center in |V|ilan, New lV|exico. Nlr. Galvan has filed pro se a motion seeking leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 and an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The in forma pauperis motion will be granted The court must construe the application liberally because Mr. Galvan is not represented by an attorney. See Har'nes v. Kerner, 404 U.S. 519" date_filed="1972-02-22" court="SCOTUS" case_name="Haines v. Kerner">404 U.S. 519, 520-21 (1972); Hai! v. Beflmon, 935 F.2d 1106" date_filed="1991-06-03" court="10th Cir." case_name="Kenneth Hall v. Henry Bellmon">935 F.2d 1106, 1110 (10th Cir. 1991). HcWever, the court should not be an advocate for a pro se litigant See Hall, 935 F,2d at 1110. For the reasons stated below, lVlr. Galvan will be ordered to file an amended pleading. The court has reviewed the habeas corpus application and finds that it is deficient because l\/lr. Galvan fails to allege specific facts in support of his claim to demonstrate that his federal constitutional rights have been violated and he fails to specify the relief he is seeking in this action. The entire application consists of Nlr. Galvan describing the nature of the case as “CANCELLAT|ON OF DEPORTAT|ON" and the assertion of one claim of ineffective assistance of counsel with the following supporting fact: “COUNSEL NEVER EXPLAIN [sic] THE CONSEQUENCES OF BEEN [sic] DEPORTED.” Nlr. Galvan must do more than make a conclusory allegation that his constitutional rights have been violated He must allege specific facts to support each asserted claim. Naked allegations of constitutional violations are not cognizable in a habeas corpus action. See Ruark v. Gunter, 958 F.2d 318" date_filed="1992-03-06" court="10th Cir." case_name="Theodore Ruark v. Frank Gunter, Gale A. Norton, Attorney General, of the State of Colorado">958 F.2d 318, 319 (1 0th Cir. 1992) (per curiam). Therefore, lVlr. Galvan Wi|l be ordered to file an amended application in Which he provides specific facts in support of the claim he is raising lV|r. Galvan also must specify the relief he is seeking in this action. Accordingly, it is ORDERED that the motion for leave to proceed in forma pauperis filed on August 131 2008, is granted lt is FURTHER ORDERED that Nlr. Galvan file within thirty (30) days from the date of this order an amended application for a writ of habeas corpus that complies with this crder. lt is FURTHER ORDERED that the clerk of the court mail to lVlr. Galvan, together with a copy of this order, two copies of the following form: Applicaticn for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. lt is FURTHER ORDERED that if lVlr. Galvan fails within the time allowed to file an amended application for a Writ of habeas corpus as directed, the action will be dismissed without further notice. DATED September 10, 2008, at Denver, Co|crado. BY THE COURT: s/ Bovd N. Boland United States lVlagistrate Judge |N THE UN|TED STATES D|STR|CT COURT FOR THE D|STR|CT OF COLORADO CERT|F|CATE OF MA|L|NG Civil Action No. 08-cv-O1777-BNB Humberto Galvan Reg. No. 32868-013 Cibo|a County Corr. Center PO Box 3540 lV|i|an, NM 87021 l hereby certify that l have mailed a copy of the ORDER and two copies of the Application for a Writ of H eas Corpus Pursuant to 28 U.S.C. § 2241 form to the H[Uf § above~named individuals on GREG Y LANGHA|V|1 CLERK s : nw Deputy C|erk