Harmless v. Lizzaraga

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 1/27/2014 ORDERING that within 30 days, petitioner shall file an amended petition that complies with the requirements of the Fed.R.Civ.P. and the Rules Governing Section 2254 Cases; petitioner shall s ubmit, within 30 days, an affidavit to proceed ifp or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and the Clerk shall provide petitioner with form petition for a writ of habeas corpus and ifp form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOWARD MARTIN HARMLESS,

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No. 2:14-cv-0223 DAD P

Petitioner,
v.

ORDER

J. LAZZARAGA, Warden,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. However, petitioner failed to sign his habeas petition as

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required by Rule 2 of the Rules Governing Section 2254 Cases. Petitioner will be ordered to sign

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and file an amended petition using the form provided by the court. In addition, petitioner has not

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filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§

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1914(a); 1915(a). 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.

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

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1. Within thirty days from the date of this order, petitioner shall file an amended petition

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for a writ of habeas corpus that complies with the requirements of the Federal Rules of Civil

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Procedure and the Rules Governing Section 2254 Cases; the amended petition must bear the

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docket number assigned this case (2:14-cv-00223 DAD P) and must be labeled “Amended
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Petition for a Writ of Habeas Corpus”; petitioner must use the form petition provided by the Clerk

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of the Court, answer each question and sign the amended petition under penalty of perjury;

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2. Petitioner shall submit, within thirty days from the date of this order, an affidavit in
support of his request to proceed in forma pauperis or the appropriate filing fee;
3. Petitioner’s failure to comply with this order will result in the dismissal of this action;

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and

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4. The Clerk of the Court is directed to provide petitioner with the court's form petition

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for a writ of habeas corpus by a state prisoner and a copy of the in forma pauperis form used by

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this district.

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Dated: January 27, 2014

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DAD:mp/4
harm0223.101a

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