Coleman v. Solano County Detention Facility

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 12/20/13 ordering petitioner shall submit within 30 days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee and a habeas corpus petition on the form provided by the court. The clerk of the court shall send petitioner a copy of the in forma pauperis form used by this district and a form for a habeas corpus petition pursuant to 28 USC 2254. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KHATARI COLEMAN,

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Petitioner,

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No. 2:13-cv-2564 KJN P

v.

ORDER

SOLANO COUNTY DETENTION
FACILITY,
Respondent.

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Petitioner, a county prisoner proceeding pro without counsel, has filed an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in

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forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a);

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1915(a). Therefore, petitioner will be provided the opportunity to either submit the appropriate

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affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee.
Petitioner did not file an actual habeas corpus petition. Instead, petitioner filed a letter

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with the court stating that he intends to challenge his conviction. Petitioner’s letter does not

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contain the information required for a habeas corpus petition. See Federal Rules Governing

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Section 2254 Cases, Rule 2(d). Accordingly, the court will direct the Clerk of the Court to send

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petitioner a form for a habeas corpus petition.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in

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support of his request to proceed in forma pauperis or the appropriate filing fee and a habeas

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corpus petition on the form provided by the court; petitioner’s failure to comply with this order

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will result in a recommendation that this action be dismissed;

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2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis

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form used by this district and a form for a habeas corpus petition pursuant to 28 U.S.C. § 2254.

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Dated: December 20, 2013

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cole2564.101a

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