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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NOU VANG,

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Petitioner,

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No. CIV S-12-0159 DAD P

vs.
STATE OF CALIFORNIA, et al.,

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Respondents.

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ORDER
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Petitioner, a state prisoner at California State Prison, Solano, has commenced this

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action by filing a motion for stay and abeyance. He has not filed a petition for writ of habeas

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corpus or any other pleadings with this court.

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Petitioner is advised that, in order to commence an action, he must file a petition

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for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and

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petitioner must either pay the required filing fee or file an application requesting leave to proceed

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in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders

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granting or denying relief until an action has been properly commenced. Petitioner will be

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provided the opportunity to file his petition, and to submit an application requesting leave to

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proceed in forma pauperis or to submit the appropriate filing fee.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner is granted thirty days from the date of service of this order to file a

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petition that complies with the requirements of the Rules Governing Section 2254 Cases, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the

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docket number assigned this case. Petitioner shall also submit, within thirty days from the date

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of this order, the application to proceed in forma pauperis on the form provided by the Clerk of

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Court, or the filing fee in the amount of $5.00. Petitioner’s failure to comply with this order will

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result in a recommendation that this matter be dismissed; and

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2. The Clerk of the Court is directed to send petitioner the court’s form for filing

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a petition for writ of habeas corpus and the application to proceed in forma pauperis by a

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prisoner.

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DATED: February 1, 2012.

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DAD:mp
vang0159.nopetition

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