Smith v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 04/25/14 ordering petitioner's 04/17/14 letter 1 is disregarded. Petitioner is granted 30 days from the date of service of this order to file a petition. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus and the application to proceed in forma pauperis by a prisoner.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DeANDRE R. SMITH,

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No. 2:14-cv-0944 KJN P

Petitioner,
v.

ORDER

UNKNOWN,
Respondents.

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Petitioner, a prisoner currently confined in the Placer County Jail, has filed a letter seeking

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relief from his conviction. No other pleadings have been filed by the petitioner. In order to

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commence an action, petitioner must file a petition for writ of habeas corpus as required by Rule

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3 of the Rules Governing Section 2254 cases, and petitioner must either pay the required filing

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fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§

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

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has been properly commenced. Therefore, petitioner’s letter is disregarded. Petitioner will be

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provided the opportunity to file his petition, and to submit an application requesting leave to

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proceed in forma pauperis or to submit the appropriate filing fee.

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

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1. Petitioner’s April 17, 2014 letter is disregarded;

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2. Petitioner is granted thirty days from the date of service of this order to file a petition
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that complies with the requirements of the Rules Governing Section 2254 Cases, the Federal

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Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the docket

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number assigned this case; petitioner must file an original and two copies of the petition.

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Petitioner shall also submit, within thirty days from the date of this order, the application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the

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amount of $5.00. Petitioner’s failure to comply with this order will result in a recommendation

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that this matter be dismissed; and

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3. The Clerk of the Court is directed to send petitioner the court’s form for filing a

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petition for writ of habeas corpus and the application to proceed in forma pauperis by a prisoner.

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Dated: April 25, 2014

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/smit0944.nopetition

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