Vang v. State of California et al

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 2/1/2012 ORDERING that petitioner has 30 days to file a petition; petitioner shall also submit, within 30 days, an application to proceed ifp or the $5.00 filing fee; and the clerk to send petitioner the forms for filing a habeas corpus petition and ifp application. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NOU VANG, 11 Petitioner, 12 13 No. CIV S-12-0159 DAD P vs. STATE OF CALIFORNIA, et al., 14 Respondents. 15 ORDER / 16 Petitioner, a state prisoner at California State Prison, Solano, has commenced this 17 action by filing a motion for stay and abeyance. He has not filed a petition for writ of habeas 18 corpus or any other pleadings with this court. 19 Petitioner is advised that, in order to commence an action, he must file a petition 20 for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and 21 petitioner must either pay the required filing fee or file an application requesting leave to proceed 22 in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders 23 granting or denying relief until an action has been properly commenced. Petitioner will be 24 provided the opportunity to file his petition, and to submit an application requesting leave to 25 proceed in forma pauperis or to submit the appropriate filing fee. 26 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Petitioner is granted thirty days from the date of service of this order to file a 3 petition that complies with the requirements of the Rules Governing Section 2254 Cases, the 4 Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the 5 docket number assigned this case. Petitioner shall also submit, within thirty days from the date 6 of this order, the application to proceed in forma pauperis on the form provided by the Clerk of 7 Court, or the filing fee in the amount of $5.00. Petitioner’s failure to comply with this order will 8 result in a recommendation that this matter be dismissed; and 9 2. The Clerk of the Court is directed to send petitioner the court’s form for filing 10 a petition for writ of habeas corpus and the application to proceed in forma pauperis by a 11 prisoner. 12 DATED: February 1, 2012. 13 14 15 16 17 DAD:mp vang0159.nopetition 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?