Ronald McAlpine v. Eric Arnold

Filing 4

ORDER DISMISSING HABEAS CORPUS PETITION WITH LEAVE TO AMEND by Magistrate Judge Patrick J. Walsh. If Petitioner desires to proceed in the instant matter, he mustfile a "First Amended Petition" by February 8, 2016.Accordingly, the instant petition is dismissed with leave to amend. See Order for details. (dml)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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RONALD MCALPINE,
Petitioner,

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v.
ERIC ARNOLD, WARDEN,

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Respondent.

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CASE NO. ED CV 15-628-MWF (PJW)
ORDER DISMISSING HABEAS CORPUS
PETITION WITH LEAVE TO AMEND

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On April 1, 2015, Petitioner, a state prisoner currently

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incarcerated at Solano State Prison, filed a “Notice of Motion of

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Request to File in This Court After Denial from the California Supreme

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Court,” seeking permission to file a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254.

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Petitioner does not need to seek permission to file a § 2254

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petition, assuming that this is his first habeas petition in federal

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court.

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petition.

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relief or facts in support of the petition, it is dismissed with leave

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to amend.

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Therefore, the Court will construe the motion as a habeas
Because Petitioner does not set forth any grounds for

If Petitioner desires to proceed in the instant matter, he must
file a “First Amended Petition” by February 8, 2016.

For his First

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Amended Petition, Petitioner must use and complete the attached form

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Petition for Writ of Habeas Corpus by a Person in State Custody.

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Petitioner is admonished to read and follow the instructions set forth

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on the form.

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Accordingly, the instant petition is dismissed with leave to

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amend.

The Clerk shall attach a Pro Se State Habeas Corpus Packet,

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including a blank form Petition for Writ of Habeas Corpus (CV-69),

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labeled “First Amended Petition” and marked as case number ED CV 15-

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628-MWF (PJW).

Petitioner is forewarned that if he does not timely

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respond to this Order, the Court will recommend that the case be

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dismissed with prejudice.

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IT IS SO ORDERED

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DATED: January 7, 2016

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PATRICK J. WALSH
UNITED STATES MAGISTRATE JUDGE

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S:\PJW\Cases-State Habeas\MCALPINE, R 628\order dismissing leave to amend.wpd

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