Lee v. Macomber

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 7/23/14 ORDERING that 2 Motion to Proceed IFP is GRANTED; The petition is dismissed with 30 days to file a signed habeas corpus petition; and Clerk of the Court is directed to send petitioner the form for a habeas corpus petition.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEN LEE,

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Petitioner,

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No. 2: 14-cv-1667 KJN P

v.

ORDER

MACOMBER,

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Respondent.

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Petitioner, a state prisoner proceeding without counsel, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma

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pauperis.
Examination of the in forma pauperis application reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See

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28 U.S.C. § 1915(a).
Petitioner did not sign his habeas corpus petition. Accordingly, the petition is dismissed

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and petitioner is granted thirty days to file a signed habeas corpus petition.

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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 is granted;

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2. The petition is dismissed with thirty days to file a signed habeas corpus petition; and

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3. The Clerk of the Court is directed to send petitioner the form for a habeas corpus

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petition.

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Dated: July 23, 2014

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Lee1667.ord

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