Buckley v. Gipson

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/11/13 ORDERING that Petitioner shall file a petition for writ of habeas corpus within 30 days of the date of this order; Petitioner is warned that failure to do so will result in this case being closed; and the Clerk of the Court is directed to send petitioner the courts form for application for writ of habeas corpus.(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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RODNEY C. BUCKLEY,
Petitioner,

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ORDER

vs.

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No. 2:13-cv-0515 EFB P

Respondent.

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GIBSON,

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/

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Petitioner is a state prisoner without counsel. He has filed a document with the court

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indicating that he is currently exhausting his state court habeas remedies. Dckt. No. 1.

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Petitioner explains that he would like to be prepared to proceed in this court should the

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California Supreme Court deny his state petition. He further states that he would like to notify

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the court of a potential delay due to an inadequate law library. Id. The filing does not contain

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any claims for relief.

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Petitioner’s filing only signals his intent to file a petition; it does not act as a protective

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petition for purposes of complying with the Anti-Terrorism and Effective Death Penalty Act of

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1996’s one-year statute of limitation. See Pace v. DiGuglielmo, 544 U.S. 408, 416 (2005).

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Furthermore, to commence a civil action, a party is required to file a complaint or petition. Fed.

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R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases. Petitioner’s filing constitutes neither. If

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petitioner wishes to proceed with this case, he must file a petition.

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Accordingly, it is hereby ORDERED that:

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1. Petitioner shall file a petition for writ of habeas corpus within 30 days of the date of

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this order;

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2. Petitioner is warned that failure to do so will result in this case being closed; and

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3. The Clerk of the Court is directed to send petitioner the court’s form for application

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for writ of habeas corpus.

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DATED: April 11, 2013.

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