Murphy v. Unknown

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 10/17/2011 ORDERING that pltf's 1 and 6 motions are DISREGARDED; ptnr to file a 2254 petition w/in 30 days; and the clerk to send ptnr a habeas corpus application. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARMEL MURPHY,

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No. CIV S-11-1523-JAM-CMK-P

Petitioner,
vs.

ORDER

UNKNOWN,
Respondent.
/
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court are petitioner’s motions

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(Doc. 1 & 6) requesting legal advice concerning the statute of limitations applicable to this case.

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Because the court cannot give legal advice, the motions will be disregarded.

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A review of the docket reflects that petitioner has not properly initiated this action

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by way of filing a habeas corpus application. Rule 2(c) of the Federal Rules Governing Section

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2254 Cases requires that every habeas corpus petition must: (1) specify all the grounds for relief;

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(2) state the facts supporting each ground for relief; (3) state the relief requested; (4) be printed,

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typewritten, or legibly handwritten; and (5) be signed under penalty of perjury. Petitioner will be

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provided an opportunity to comply with Rule 2(c) by submitting a completed habeas corpus
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application. Petitioner is warned that failure to comply with this order may result in the dismissal

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of this action. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motions (Docs. 1 & 6) are disregarded;

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2.

Petitioner shall file a petition on the form employed by this court, and

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which satisfies the requirements of Rule 2(c) of the Federal Rules Governing Section 2254

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Cases, within 30 days of the date of this order; and

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3.

The Clerk of the Court is directed to send petitioner the court’s form

habeas corpus application.

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DATED: October 17, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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