Patel v. Unknown

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 10/22/2009 ORDERING that petitioner shall file an amended petition on the form provided within 30 days; Clerk is directed send petitioner a habeas corpus form. (Suttles, J) Modified on 10/27/2009 (Manzer, C).

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. Unknown, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner initiated this action with a document filed on October 20, 2009. That document, however does not appear to be complete. The first page is page "5A" and seems to be a continuation of some other page "5," presumably page 5 of the form habeas application. No form application is attached to petitioner's filing. Absent the information which would be contained on this form application, such as the date of conviction, court of conviction, etc., the court cannot determine whether this action is in the proper venue or states cognizable claims. Petitioner will be required to file an amended application on the form provided. Failure to comply may result in dismissal of the entire action. See Local Rule 11-110. /// 1 PAREN HASMUKHBHAI PATEL, Petitioner, ORDER No. CIV S-09-2923-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner shall file an amended petition on the form provided within 30

days of the date of this order; and 2. The Clerk of the Court shall send to petition the court's form petition for a

writ of habeas corpus under 28 U.S.C. § 2254.

DATED: October 22, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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