McKinney v. Acebedo

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 3/5/14 ORDERING that petitioners motion to proceed in forma pauperis 2 is granted; Petitioners application for writ of habeas corpus is dismissed with leave to amend within thirty days from t he date of this order; Any amended petition must be filed on the form employed by this court and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title Amended Petition. Failure to file an amended petition will result in dismissal of this action; and the Clerk of the Court is directed to send petitioner the form for habeas corpus application.(Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALONZO MCKINNEY, 12 13 14 No. 2:14-cv-0475 DAD P Petitioner, v. ORDER J. ACEBEDO, 15 Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed an application to proceed in forma 19 pauperis. 20 Examination of the in forma pauperis application reveals that petitioner is unable to afford 21 the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 22 28 U.S.C. § 1915(a). 23 After reviewing the petition filed in this action, the court has determined that the pending 24 habeas petition must be dismissed with leave granted to file an amended petition. Specifically, it 25 is not clear from petitioner’s form petition what judgment of conviction he is challenging. Nor is 26 it clear what petitioner’s claims for relief are in this action since petitioner alleges only vague 27 claims of “malicious prosecution” and “deny counsel” in the space provided for his grounds for 28 relief and supporting facts. In any amended petition petitioner elects to file, he will need to 1 1 clarify what criminal conviction he is seeking to challenge, where that conviction was entered and 2 explain why he believes he is entitled to federal habeas relief. See Rule 2(c), Federal Rules 3 Governing Section 2254 Cases. 4 CONCLUSION 5 In accordance with the above, IT IS HEREBY ORDERED that: 6 1. Petitioner’s motion to proceed in forma pauperis (Doc. No. 2) is granted; 7 2. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend 8 within thirty days from the date of this order; 9 3. Any amended petition must be filed on the form employed by this court and must state 10 all claims and prayers for relief on the form. It must bear the case number assigned to this action 11 and must bear the title “Amended Petition.” Failure to file an amended petition will result in 12 dismissal of this action; and 13 4. The Clerk of the Court is directed to send petitioner the form for habeas corpus 14 application. 15 Dated: March 5, 2014 16 17 18 DAD:9 mcki0475.amd 19 20 21 22 23 24 25 26 27 28 2

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