Ghafur v. Davis

Filing 2

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/9/12 DENYING 1 Motion; Petitioner is granted thirty days from the date of service of this order to file a petition that complies with the requirements; Clerk of the Court is directed to send petitioner the courts form for filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KHADIJAH GHAFUR,

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Petitioner,

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No. 2:12-cv-1974 CKD P

vs.
R. DAVIS, WARDEN, et al.,

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Respondent.

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ORDER
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Petitioner has filed a document in which she seeks tolling of the statue of

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limitations applicable to federal habeas actions. No other pleadings have been filed by the

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petitioner. In order to commence an action, petitioner must file a petition for writ of habeas

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corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must

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either pay the required filing fee or file an application requesting leave to proceed in forma

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

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denying relief until an action has been properly commenced. Therefore, petitioner’s motion will

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be denied without prejudice. Petitioner will be provided the opportunity to file her petition, and

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to submit an application requesting leave to proceed in forma pauperis or to submit the

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appropriate filing fee.

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

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1. Petitioner’s July 2, 2012 “motion to toll time for federal habeas corpus . . .” is

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denied;

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2. 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 must file an original and two copies of the petition.

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Petitioner shall also submit, within thirty days from the date of this order, the application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the

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amount of $5.00. Petitioner’s failure to comply with this order will result in a recommendation

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that this matter be dismissed; and

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3. 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: August 9, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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gha1974.nopet

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