Purdy v. Butte County Superior Court et al

Filing 17

ORDER signed by Magistrate Judge Dale A. Drozd on 5/13/2013 GRANTING petitioner's 14 request for an extension of time; within 30 days, petitioner shall file a petition for writ of habeas corpus on the form provided with the court's 4/11/13 order; DENYING petitioner's 15 motion for clarification and an order to conduct discovery; and DENYING, as unnecessary, petitioner's 16 application to proceed IFP. (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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HELEN SOPHIA PURDY,

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Petitioner,
vs.
BUTTE COUNTY SUPERIOR COURT,
et al.,
Respondent.

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No. 2:12-cv-1830 JAM DAD P

ORDER

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On April 11, 2013, the court granted petitioner thirty days in which to file a

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petition for writ of habeas corpus using this court’s form petition. Petitioner has requested an

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extension of time to file a petition for writ of habeas corpus pursuant to the court’s order. The

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request will be granted.

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Petitioner has also concurrently filed a document styled, “Motion To Clearify [sic]

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4/10/13 Order: Challenge Of Judgment Against Plaintiff In the Butte County Superior Court.”

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Petitioner affirms in that document that she is seeking to challenge her conviction and requests

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“to have Butte County Superior Court disclose relevant documentary evidence needed to

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establish petitioners [sic] claims[.]” (Doc. No. 15 at 1.) To the extent that petitioner is

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requesting leave of this court to conduct discovery, the request is denied as premature. Petitioner

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has not yet filed a federal habeas petition which is necessary to commence this action.
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Lastly, petitioner’s has filed an application requesting leave to proceed in forma

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pauperis. Petitioner has already paid the filing fee. Thus, the application is unnecessary at this

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time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s May 6, 2013 request for extension of time (Doc. No. 14) is

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granted;

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2. Within thirty days from the date of this order, petitioner shall file a petition for
a writ of habeas corpus using the form petition provided with the court’s April 11, 2013 order;

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3. Petitioner’s May 6, 2013 request for clarification and an order to conduct
discovery (Doc. No. 15) is denied; and

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4. Petitioner’s May 6, 2013 application requesting leave to proceed in forma

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pauperis (Doc. No. 16) is denied as unnecessary.

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DATED: May 13, 2013.

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DAD:4
purd1830.111

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