Hatchett v. Gonzalez

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 9/5/2012, ORDERING that within 30 days, petitioner shall file an amended petition for writ of habeas corpus; petitioner shall submit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; the clerk is to provide petitioner with an ifp and habeas petition forms; and petitioner's failure to comply will result in dismissal of this action.(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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CECIL JEROME HATCHETT,
Petitioner,

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No. 2:12-cv-02228-DAD P

Respondent.

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ORDER

vs.
GONZALEZ,

/
Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, used the form petition

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employed by this court and not all of the information required by the court has been provided.

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Therefore, petitioner will be provided the court’s form petition and ordered to file an amended

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petition. In addition, petitioner has not filed an in forma pauperis affidavit or paid the required

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filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the

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opportunity to either submit the appropriate affidavit in support of a request to proceed in forma

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pauperis or submit the appropriate filing fee.

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

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1. Within thirty days from the date of this order, petitioner shall file an amended

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petition for a writ of habeas corpus using the form provided by the court; the amended petition
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must bear the docket number assigned this case and must be labeled “Amended Petition;”

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petitioner must answer each question in the form petition;
2. Petitioner shall submit, within thirty days from the date of this order, an

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affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;
3. The Clerk of the Court is directed to provide petitioner a copy of the in forma

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pauperis form and the form petition for a writ of habeas corpus for a state prisoner used by this

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district; and
4. Petitioner’s failure to comply with this order will result in the dismissal of this

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action.
DATED: September 5, 2012.

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DAD:mp/4
hatc2228.101a

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