Whitaker v. Swarthout

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/2014 DENYING, as unnecessary, petitioner's 2 motion to proceed IFP; within 14 days, petitioner shall file a short statement informing the court whether he is raising all of the claims raised on direct appeal and in his state habeas petitions in the instant action; if petitioner is not raising all of these claims, he shall file an amended petition within that time clarifying the claims he is raising. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GENE WHITAKER,

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Petitioner,

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No. 2:14-cv-0947 MCE KJN P

v.

ORDER

GARY SWARTHOUT,

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Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. Petitioner has also filed a

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motion to proceed in forma pauperis. Because petitioner paid the filing fee, the motion to

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proceed in forma pauperis is denied as unnecessary.

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Attached to the petition as exhibits are documents related to petitioner’s direct appeal and

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state habeas petitions. It appears that petitioner is raising all of the claims raised on direct appeal

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and in his state habeas petitions in the instant action. However, before the court directs

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respondent to respond to the petition, petitioner must clarify whether he is raising all of the claims

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raised in his direct appeal and state habeas petitions in the instant action. If petitioner is not

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raising all of these claims, he is directed to file an amended petition clarifying the claims he is

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raising.

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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. 2) is denied as

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unnecessary;
2. Within fourteen days of the date of this order, petitioner shall file a short statement

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informing the court whether he is raising all of the claims raised on direct appeal and

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in his state habeas petitions in the instant action; if petitioner is not raising all of these

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claims, he shall file an amended petition within that time clarifying the claims he is

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raising.

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Dated: May 15, 2014

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whit0947.100fee

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