Boyd v. Knipp

Filing 6

ORDER signed by Magistrate Judge Gregory G. Hollows on 2/29/2012 ORDERING petitioner to submit, within 28 days, a completed affidavit to proceed ifp or the appropriate filing fee; the clerk is to send petitioner an ifp form; respondent to file a response to petitioner's 3 motion for stay within 30 days, thereafter, petitioner will have 21 days to file a reply; and the clerk to serve a copy of this order and the order re consent on the Attorney General. (cc: Michael Farrell) (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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WILLIAM ALEXANDER BOYD,
Petitioner,

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No. CIV S-12-0372 GGH P

vs.
W. KNIPP, Warden,
Respondent.

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ORDER
/

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed a completed in

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forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a);

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1915(a). Petitioner has failed to file a certified copy of his prison trust account statement for the

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six month period immediately preceding the filing of the petition. See 28 U.S.C. § 1915(a)(2).

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Petitioner will be provided the opportunity to submit a certified copy of his prison trust account

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statement.

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Petitioner has filed a petition challenging his 2005 conviction for continuous

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sexual abuse, lewd and lascivious conduct and aggravated sexual assault for which he was

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sentenced to a term of 44 years to life. Petition, p. 1. Petitioner therein raises seven separate

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grounds, the first six of which petitioner concedes are pending before the state Supreme Court,

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i.e., unexhausted. Id., at 4-49. Petitioner has also filed a motion for a stay and abeyance pending
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the exhaustion of grounds one through six in the state Supreme Court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within twenty-eight days from the date of this order, a

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completed affidavit in support of his request to proceed in forma pauperis or the appropriate

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filing fee; petitioner’s failure to comply with this order will result in the dismissal of this action;
2. The Clerk of the Court is directed to send petitioner a copy of the in forma

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pauperis form used by this district;

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3. Respondent is directed to file a response to petitioner’s motion for a stay and

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abeyance, filed on February 14, 2012 (docket # 3), within thirty (30) days; thereafter, petitioner

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will have twenty-one (21) days to file any reply.

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4. The Clerk of the Court shall serve a copy of this order and the

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consent/reassignment form contemplated by Appendix A(k) to the Local Rules of this court on

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Michael Patrick Farrell, Senior Assistant Attorney General.

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DATED: February 29, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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boyd0372.ord

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