Cail v. Nicklin

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/15/2013 ORDERING that petitioner has 30 days to file an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241; petitioner shall also submit, within 30 days, an application to proceed ifp or the $5.00 filing fee; and the Clerk shall send petitioner the form for filing a § 2241 petition and an ifp application.(Yin, K)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

DEANIJINIQUE CAIL,

11

Petitioner,

12
13

No. 2:13-cv-1898-EFB P

v.

ORDER

JULIE A. NICKLIN,

14

Respondent.

15
Petitioner, a federal prisoner proceeding without counsel, has filed a letter contending that

16
17

the Bureau of Prisons has refused to give her time off her sentence despite her successful

18

completion of a residential drug treatment program. Thus, it appears that she wishes to challenge

19

the execution of her sentence through a petition for a writ of habeas corpus under 28 U.S.C.

20

§ 2241.1
In order to properly commence an action, however, petitioner must file an application for

21
22

a writ of habeas corpus as required by 28 U.S.C. § 2242, and petitioner must either pay the

23

required filing fee or file an application requesting leave to proceed in forma pauperis. See 28

24

U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an

25

action has been properly commenced.

26
27
28

1

This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)
and is before the undersigned pursuant to petitioner’s consent. See 28 U.S.C. § 636; see also E.D.
Cal. Local Rules, Appx. A, at (k)(4).
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Petitioner is granted thirty days from the date of service of this order to file an

3

application for a writ of habeas corpus in accordance with the requirements set forth in

4

28 U.S.C. § 2241, and the application must include the docket number assigned to this

5

case.

6

2. Petitioner shall also submit, within thirty days from the date of this order, an

7

application to proceed in forma pauperis on the form provided by the Clerk of Court,

8

or the filing fee in the amount of $5.00.

9
10

3. Petitioner’s failure to comply with this order will result in a dismissal of this action.
4. The Clerk of the Court is directed to send petitioner the court’s form for filing a

11

petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 by a person in federal

12

custody, and the application to proceed in forma pauperis by a prisoner.

13

Dated: October 15, 2013.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2