Birdo v. Rodriguez

OPINION

STEPHENSON, Justice.

Mr. Rodriguez is warden of the penitentiary where the appellant is an inmate. The latter filed, pro se, in District Court a “Petition to Show Cause” wherein he stated himself to be an indigent person, although he did not request appointment of counsel.

The District Court entered an order for free process, but sua sponte dismissed the petition for failure to allege facts upon which relief could be granted.

The petition asks the court to “have the Respondent to show cause, as to why he (the appellant) should be subject to cruel and unusual punishment.” The appellant…