White v. Bunzuela

Filing 16

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/4/2014 DISMISSING petitioner's 11 motion to proceed IFP, without prejudice; the Clerk shall send petitioner a new ifp application; petitioner shall submit, within 30 days, a completed ifp application or pay the $5.00 filing fee; and DENYING petitioner's 9 motion for an outside medical consultation. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HORTENSE WHITE,

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No. 2:14-cv-0671 CKD P

Petitioner,
v.

ORDER

MARITA BUNZUELA,
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 together with a request for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1, 11.) Petitioner has not, however, filed her

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application for leave to proceed in forma pauperis on the form used by this district. Accordingly,

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petitioner’s application will be dismissed and she will be provided the opportunity to submit the

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application on the appropriate form. Petitioner is cautioned that she must also provide a certified

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copy of her prison trust account statement for the six-month period immediately preceding the

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filing of her petition. Alternatively, petitioner may pay the $5.00 filing fee for this action.

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Petitioner has also filed a motion for an outside medical consultation. (ECF No. 9.) As

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such relief is not available under 28 U.S.C. § 2254, petitioner’s request will be denied. See

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Muhammad v. Close, 540 U.S.749, 750-751 (2004) (“Challenges to the validity of any

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confinement or to particulars affecting its duration are the province of habeas corpus . . . ;
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requests for relief turning on circumstances of confinement may be presented in a [42 U.S.C.] §

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1983 action.”) (internal citations omitted).

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

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1. Petitioner’s motion to proceed in forma pauperis (ECF No. 11) is dismissed without

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prejudice;
2. The Clerk of the Court is directed to send petitioner a new Application to Proceed In
Forma Pauperis By a Prisoner;
3. Petitioner shall submit, within thirty days from the date of this order, a completed

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application to proceed in forma pauperis or, alternatively, pay the $5.00 filing fee for this action.

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Petitioner’s failure to comply with this order will result in a recommendation that this action be

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dismissed without prejudice; and

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4. Petitioner’s motion for an outside medical consultation (ECF No. 9) is denied.
Dated: April 4, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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