Norman v. Dovey et al

Filing 23

ORDER signed by Magistrate Judge Dale A. Drozd on 1/29/09 ORDERING Petitioners 1/23/09 second amended petition for writ of habeas corpus 22 is DISMISSED with leave to filed a third amended petition within 30 days from the date of this order; Petiti oners third amended petition must be filed on the form employed by this court, must name the proper respondent, and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title Third Amended Petition; and the Clerk of the Court is directed to send petitioner the form for habeas corpus application. (Carlos, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JOHN DOVEY, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a second amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in accordance with this court's November 26, 2008 order. In petitioner's second amended petition, rather than stating all claims and prayers for relief on the form petition as the court previously instructed him to do, petitioner merely refers the court to his appendix. First, petitioner is advised that he has failed to attach any such appendix to his petition. In addition, petitioner is advised that for this court to review his application, he must refile his petition and state all claims and prayers for relief on the form provided by the court. Although petitioner may submit a separate memorandum to support his petition for relief, the court's application form must contain all relevant claims and must provide the court with all necessary information. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES GLENN NORMAN JR., Petitioner, No. CIV S-06-2235 MCE DAD P

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DAD:9 norm2235.app

In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's January 23, 2009 second amended petition for writ of habeas corpus (Doc. No. 22) is dismissed with leave to filed a third amended petition within thirty days from the date of this order; 2. Petitioner's third amended petition must be filed on the form employed by this court, must name the proper respondent, and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title "Third Amended Petition"; and 3. The Clerk of the Court is directed to send petitioner the form for habeas corpus application. DATED: January 29, 2009.

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