Thompson v. Sacramento Municipal Court

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 6/12/13 ORDERING that 5 letter is construed as a request for extension of time to comply with the courts April 23, 2013 order, and, so construed is GRANTED; Within 30 days of the filing date of this order, petitioner shall submit an affidavit insupport of his request to proceed in forma pauperis, or the appropriate filing fee; and Petitioners request for clarification 6 is GRANTED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. THOMPSON,

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No. 2:13-cv-0747 AC P

Petitioner,
v.

ORDER

SACRAMENTO MUNICIPAL COURT,
Respondent.

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Petitioner is a state prisoner who proceeds pro se on his petition for writ of habeas corpus

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filed pursuant to 28 U.S.C. § 2254. On April 23, 2013, the court directed petitioner to submit

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within 30 days an appropriate application to proceed in forma pauperis, or to pay the filing fee.

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To date, petitioner has done neither. Instead, he has filed: (1) a letter, dated May 10, 2013,

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advising the court that he gave his form to a counselor, and has not yet received it back; and (2) a

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request for clarification, asking why he has received a second information packet for signature.

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The court will address each of petitioner’s inquiries in turn.

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Motion to Proceed In Forma Pauperis

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In order to proceed on the filed habeas petition, petitioner must either pay the filing fee

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($5.00), or file a motion to proceed in forma pauperis. The court specifically advised petitioner of

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this requirement in its April 23, 2013 order. To date petitioner has failed to comply, instead

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advising the court that, as of May 10, 2013, he has given the form to a counselor but not yet
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received the form back. He further asks if his submission of the consent form will allow him to

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proceed.

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Petitioner is advised that his decision to consent to the jurisdiction of the undersigned is

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distinct from his obligation to pay the fee, or to file a motion to proceed in forma pauperis. The

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court will accordingly construe the May 10, 2013 letter as a request for an extension of time to

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comply with the court’s April 23, 2013 order. Petitioner shall have 30 days from the filing date

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of this order either to pay the filing fee, or to file a complete application to proceed in forma

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pauperis. Failure of petitioner to comply may result in dismissal of the petitioner without

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prejudice.

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Request for Clarification

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In his request for clarification, petitioner asks why he has been sent a new information

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packet with a new case number. He also writes that he has sent “the original plus two copies,”

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and asks what he is supposed to do, since he has already complied with the court’s order.

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A review of the court’s records reflects the following:
(1) On April 17, 2013, petitioner filed a petition for writ of habeas corpus, signed

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and dated April 4, 2013, challenging a February 1, 2013 conviction in

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Sacramento Municipal Court. This petition was assigned case number 2:13-

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cv-0747, and was assigned to Judge Claire; and

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(2) On May 15, 2013, petitioner filed a petition for writ of habeas corpus, signed

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and dated April 23, 2013, challenging a February 1, 2013 conviction in

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Sacramento Municipal Court. This petition was assigned case number 2:13-

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cv-0964 and assigned to Judge Drozd.

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In short, the reason why petitioner has received two information packets, and two case numbers,

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is because he had filed two petitions. Petitioner is reminded that, if he wishes to pursue both

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cases, he must comply with the orders issued in each case. If petitioner did not intend to initiate

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two distinct proceedings, he may dismiss his later-filed case pursuant to Fed. R. Civ. P. 41.

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In accordance with the above, IT IS ACCORDINGLY ORDERED that

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1. Petitioner’s May 15, 2013 letter (ECF No. 5) is construed as a request for an
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extension of time to comply with the court’s April 23, 2013 order, and, so construed is

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granted;

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2. Within 30 days of the filing date of this order, petitioner shall submit an affidavit in

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support of his request to proceed in forma pauperis, or the appropriate filing fee,

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failing which the action may be dismissed without prejudice; and

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3. Petitioner’s request for clarification (ECF No. 6) is granted, as above.

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DATED: June 12, 2013
___________________________________
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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