Huggins v. Solano County Sheriff's Department

Filing 8

AMENDED 7 ORDER signed by Magistrate Judge Gregory G. Hollows on 2/22/2012 ORDERING that in addition to serving this order, the clerk is to re-serve the orders at docket #6 and docket #7 upon plaintiff/petitioner at the address identified on the [1 ] complaint; no ruling has issued permitting plaintiff/petitioner to proceed ifp and the portion of the 7 order indicating that plaintiff had submitted the declaration that made the requisite showing required under 28 U.S.C.§ 1915(a), and only that portion, is hereby VACATED; plaintiff, as petitioner, now has 28 days, to submit an affidavit to proceed ifp or to pay the required filing fee, and he has 28 days, to file a habeas corpus petition, his complaint having been dismissed for the reasons set forth in the 2/15/12 order; and plaintiff/petitioner's failure to comply with any part of this order will result in a recommendation of dismissal of this action. (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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JOSH C. HUGGINS,

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Plaintiff,

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No. CIV S-11-2851 WBS GGH P

vs.
SOLANO COUNTY SHERIFF’S
DEPARTMENT,

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Defendants.

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Amended ORDER
/

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By order filed January 18, 2012, plaintiff was ordered to file an in forma pauperis

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affidavit or to pay the appropriate filing fee within thirty days and was cautioned that failure to

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do so would result in dismissal of this action. That order was returned as undeliverable. By

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order filed on February 15, 2011, plaintiff’s complaint was dismissed with leave to amend in the

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form of a habeas corpus petition within twenty-eight days. However, within the Feb. 15, 2011,

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order, although it was correctly stated that the court had not yet ruled on plaintiff’s request to

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proceed in forma pauperis, it was erroneously indicated that plaintiff had submitted a declaration

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that made the showing required by 28 U.S.C. § 1915(a). Moreover, it has now come to the

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court’s attention that both of these orders were not served upon plaintiff’s correct address.

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Accordingly, IT IS HEREBY ORDERED that:

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1. In addition to serving this order, the Clerk of the Court is to re-serve the orders

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at docket # 6 and docket # 7 upon plaintiff/petitioner at the address identified on the complaint at

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docket # 1;

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2. No ruling has issued permitting plaintiff/petitioner to proceed in forma

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pauperis at this time and the portion of the order at docket # 7, filed on February 15, 2012,

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indicating that plaintiff had submitted the declaration that made the requisite showing required

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under 28 U.S.C.§ 1915(a), and only that portion, is hereby vacated;

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3. Plaintiff, as petitioner, now has twenty-eight days from the date of this order to

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submit an affidavit in support of a request to proceed in forma pauperis or to pay the appropriate

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filing fee, and he has twenty-eight days to file a habeas corpus petition, his complaint having

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been dismissed for the reasons set forth in the order, filed on February 15, 2012 (docket # 7); and

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4. Plaintiff/petitioner’s failure to comply with any part of this order will result in

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a recommendation of dismissal of this action.

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DATED: February 22, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
hugg2851.ord

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