Brown v. Horel et al

Filing 18

ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/11/2010 ORDERING that petitioner's 2 application to proceed IFP is GRANTED; petitioner's 7 request for leave to file an amended hc application is GRANTED; petitioner has 30 days to file an amended hc application; and the clerk to send petitioner hc application form. (Yin, 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. ROBERT A. HOREL, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis. Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). On March 16, 2009, petitioner filed a motion requesting leave to file an amended petition. Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, petitioner's motion will be granted. Petitioner will be granted thirty days within which to file his amended petition. Failure to file an amended petition within thirty days will result in dismissal. ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL JOEL BROWN, Petitioner, No. CIV S-09-1633 KJM P

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In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis is granted; 2. Petitioner's request for leave to file an amended application for writ of habeas corpus is granted; 3. Petitioner is granted thirty days within which to file an amended application for writ of habeas corpus; and 4. The Clerk of the Court is directed to send petitioner the court's formapplication for writ of habeas corpus under 28 U.S.C. § 2254. DATED: February 11, 2010.

1 brow1633.100(6.12.09)

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