Thao v. Swarthout

Filing 6

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/8/2013 ORDERING the 1 petition is DISMISSED with leave to amend within 30 days from the date of this order; any amended petition must be filed on the form employed by this court and must sta te all claims and prayers for relief on the form; petitioner is cautioned that failure to file an amended petition pursuant to this order may result in the dismissal of this action; Clerk is directed to send petitioner the court's form for application for writ of habeas corpus; and petitioner's 2 Application to proceed IFP is GRANTED.(Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEE THAO,

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No. 2:13-cv-1562-EFB P
Petitioner,

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v.

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SWARTHOUT,

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ORDER

Respondent.

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Petitioner is a state prisoner proceeding without counsel seeking a writ of habeas corpus.

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See 28 U.S.C. § 2254. Petitioner seeks leave to proceed in forma pauperis. See 28 U.S.C.

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§ 1915(a). Examination of the in forma pauperis affidavit reveals that petitioner is unable to

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afford the costs of suit. Therefore, the request is granted.

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To proceed further, however, petitioner must file an amended petition. The court requires

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that all petitions for writs of habeas corpus be filed on the proper form, which is provided by this

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court. L.R. 190(b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. Thus petitioner must

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re-file his petition using the proper form. Petitioner must properly complete the court’s

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application form and respond to the questions asked therein. Although petitioner may submit a

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separate memorandum to support his petition for relief, the court’s application form must contain

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all relevant claims, and must provide the court with all necessary information. See L.R. 190(e);

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Rule 2(c), Fed. R. Governing § 2254 Cases.
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Accordingly, it is ORDERED that:

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1. The petition (ECF No. 1) is dismissed with leave to file an amended petition within 30

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days of the date of this order;

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2. Any amended petition must be filed on the form employed by this court and must state

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all claims and prayers for relief on the form. It must bear the case number assigned to this action

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and must bear the title “Amended Petition”;

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3. Petitioner is cautioned that failure to file an amended petition pursuant to this order
may result in the dismissal of this action;
4. The Clerk is directed to send petitioner the court’s form for application for writ of
habeas corpus; and
5. Petitioner’s application to proceed in forma pauperis (ECF No. 2) is granted.
DATED: October 8, 2013.

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