Cornish v. MacDonald

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 ORDERING that petitioner shall, within 30 days from the date of this order, submit the following: (a) An affidavit in support of his request to proceed in forma pauperis, or the appropriate filing fee; and (b) An amended habeas corpus petition. The Clerk of the Court is directed to send petitioner copies of the in forma pauperis form, and habeas corpus petition, used by this district. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AMMIEL CORNISH, Petitioner, 11 12 13 14 vs. JIM MACDONALD, Respondent. ORDER / 15 16 No. 2:12-cv-1296 KJN P Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. Two problems beset the application. First, 18 petitioner has not filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 19 28 U.S.C. §§ 1914(a); 1915(a). Therefore, petitioner will be provided the opportunity to either 20 submit the appropriate affidavit in support of a request to proceed in forma pauperis, or to submit 21 the appropriate filing fee. 22 Second, petitioner’s application for a writ of habeas corpus fails to provide 23 sufficient information for the court’s initial review. An additional problem is that the petition 24 indicates that petitioner signed it on May 5, 2012, but placed it into the prison mailing system on 25 June 10, 2010 (see Dkt. No. 1 at 15); elsewhere, petitioner draws attention to an unarticulated 26 timing difficulty, stating, “I apologize for the time limitation, but I really needed help. I didn’t 1 1 understand how to file the writ of habeas corpus” (id. at 14). Petitioner will be given the 2 opportunity to complete an amended application for writ of habeas corpus in which he must 3 provide a clear response to each requested item and provide meaningful dates; petitioner should 4 attach copies of all relevant state court petitions and decisions for the court’s review. 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Petitioner shall, within thirty days from the date of this order, submit the 7 following: (a) An affidavit in support of his request to proceed in forma pauperis, or the 8 appropriate filing fee; and (b) An amended habeas corpus petition. 2. Petitioner’s failure to comply with this order may result in the dismissal of this 9 10 action; and 3. The Clerk of the Court is directed to send petitioner copies of the in forma 11 12 pauperis form, and habeas corpus petition, used by this district. 13 DATED: May 16, 2012 14 15 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 16 17 18 corn1296.101a.plus 19 20 21 22 23 24 25 26 2

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