Lopez v. Salinas

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 11/30/2010 ORDERING that ptnr's 2 application to proceed IFP is GRANTED; the petition for writ of hc is DISMISSED w/ leave to file an amended petition w/in 30 days; and the clerk to send ptnr the form to file a hc petition. (Yin, K)

(HC) Lopez v. Salinas

Doc. 4

1 2 3 4 5 6 7 8 9 10 11 12 vs. VICTOR LOPEZ, Petitioner, No. 2:10-cv-3168 KJN P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

13 S.M. SALINAS, Warden, 14 15 16 Respondent. / Petitioner, a state prisoner proceeding without counsel, has filed a petition for a ORDER

17 writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in 18 forma pauperis. 19 Examination of the in forma pauperis application reveals that petitioner is unable

20 to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be 21 granted. See 28 U.S.C. § 1915(a). 22 Examination of the petition for writ of habeas corpus, which appears to challenge a

23 2009 decision of the Board of Parole Hearings, demonstrates that the petition is incomplete. Page 24 Five of the submitted form petition, which is structured to set forth petitioner's first and second 25 claims for relief, has not been included; nor are petitioner's claims set forth elsewhere in the 26 petition. Petitioner will therefore be provided the opportunity to file an amended petition. 1
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In accordance with the above, IT IS HEREBY ORDERED that: 1. Petitioner's application to proceed in forma pauperis (Dkt. No. 2) is granted; 2. The petition for writ of habeas corpus (Dkt. No. 1) is dismissed with leave to

4 file an amended petition within thirty days after service of this order; and 5 3. The Clerk of Court is directed to send petitioner a copy of the form used in this

6 district by prisoners to file a petition for writ of habeas corpus. 7 DATED: November 30, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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_____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE