Cooper v. Woodford et al

Filing 9

ORDER signed by Magistrate Judge Sandra M. Snyder on 7/19/2010 STRIKING 1 Petition for Writ of Habeas Corpus; STRIKING 2 MOTION to APPOINT COUNSEL; directing Clerk to send Forms to Plaintiff and requiring Plaintiff to file a notice of voluntary dismissal or file a Petition or Complaint and IFP Application or pay filing fee. (Filing Deadline: 8/23/2010 fo Plaintiff to comply with order). (Attachments: # 1 1983 Complaint Form, # 2 Petition Form, # 3 IFP Application)(Lundstrom, T)

(PC) Cooper v. Woodford et al

Doc. 9

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 / 19 20 On June 15, 2010, Aaron L. Cooper, a state prisoner proceeding pro se, filed a petition for 21 writ of habeas corpus and a motion seeking the appointment of counsel in the Sacramento Division 22 of the Eastern District of California. The action was transferred to this division on June 22, 2010. 23 Cooper signed neither filing, and they must be stricken from the record. Fed. R. Civ. P. 11(a); Local 24 Rule 131(b). 25 Although Cooper is attempting to appeal the denial of his habeas corpus petition by the Kern 26 County Superior Court, the Fifth District Court of Appeal, and the Supreme Court of California, a 27 habeas petition in federal court is the proper mechanism to challenge the fact or duration of 28 1
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UNITED STATES DISTRICT COURT

AARON LYNDALE COOPER, Petitioner/Plaintiff, vs. JEANNA WOODFORD, et al., Respondents/Defendants.

CASE NO. 1:10-cv-01124-OWW-SMS (PC) ORDER STRIKING UNSIGNED PETITION AND MOTION FOR APPOINTMENT OF COUNSEL (Docs. 1 and 2) ORDER DIRECTING CLERK'S OFFICE TO SEND COOPER A HABEAS PETITION, A CIVIL RIGHTS COMPLAINT, AND AN APPLICATION TO PROCEED IN FORMA PAUPERIS ORDER REQUIRING COOPER TO (1) FILE A NOTICE OF VOLUNTARY DISMISSAL, OR (2) FILE A PETITION OR A COMPLAINT AND PAY THE FILING FEE OR FILE AN IFP APPLICATION, WITHIN THIRTY DAYS

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confinement. 28 U.S.C. § 2254(a); Badea v.Cox, 931 F.2d 573, 574 (9th Cir. 1991) (citing Preiser v. Rodriguez, 411 U.S. 475, 485, 93 S.Ct. 1827, 1833 (1973)). Challenges to conditions of confinement, such as those set forth in Cooper's petition, must be raised in a civil rights action. Badea, 931 F.2d at 574 (citing Preiser, 411 U.S. at 485, 93 S.Ct. at 1833). The Court will direct the Clerk's Office to provide Cooper with a form petition, a complaint form, and an application to proceed in forma pauperis. With the above notice in mind, Cooper shall file either a petition or a complaint within thirty days, and must either pay the filing fee in full or file an application to proceed in forma pauperis.1 In the alternative, Cooper may file a notice of voluntary dismissal if he no longer wishes to pursue this action. Fed. R. Civ. P. 41(a)(1). Accordingly, it is HEREBY ORDERED that: 1. Cooper's petition and motion for appointment of counsel, filed June 15, 2010, are stricken from the record for lack of signature; 2. The Clerk's Office shall send Cooper a form petition, a complaint form, and an application to proceed in forma pauperis; 3. Within thirty (30) days from the date of service of this order, Cooper shall (1) file a notice of voluntary dismissal, or (2) file a petition or a complaint and either pay the filing fee in full or file an application to proceed in forma pauperis; and 4. The failure to comply with this order will result in dismissal of this action, without prejudice.

IT IS SO ORDERED. Dated: icido3 July 19, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

Cooper neither paid the filing fee nor filed an application to proceed in forma pauperis. The filing fee for w r its of habeas corpus is $5.00 and the filing fee for other civil actions is $350.00. 28 U.S.C. § 1914(a).

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