Kattan v. Spearman

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 1/8/2014 GRANTING petitioner's 9 , 10 motions to proceed IFP ; and petitioner may file an amended petition within 30 days. (Yin, K)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MOHAMMED KATTAN, 12 13 14 15 16 17 No. 2:13-CV-0624-CMK-P Petitioner, vs. ORDER MARION SPEARMAN, Respondent. / Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks leave to proceed in forma pauperis. 19 Petitioner has submitted the affidavit required by 28 U.S.C. § 1915(a) showing that petitioner is 20 unable to prepay fees and costs or give security therefor. The request will be granted. 21 In addition, petitioner seeks to have the court replace a page of his petition with 22 one submitted with his in forma pauperis application. This is not the proper way to amend a 23 petition. If petitioner wishes to amend his petition, he must submit a complete amended petition. 24 If petitioner believes the additional case citation is essential to his petition, he may file a 25 complete amended petition within 30 days of the date of this order. If no amended petition is 26 filed within that time, the court will issue a service order requiring a response to the petition. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. 3 are granted; and 4 5 Petitioner’s motions for leave to proceed in forma pauperis (Docs. 9, 10) 2. Petitioner may file an amended petition within 30 days of the date of this order. 6 7 8 9 DATED: January 8, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?