Halford v. The People

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 8/12/14 DENYING 1 Motion for Extension of time. Petitioner is granted 30 days from the date of service of this order to file a petition that complies with the requirements. Clerk of the Court is directed to send petitioner the courts form for filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J. DOUGLAS HALFORD,

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No. 2:14-cv-1827 AC P

Petitioner,
v.

ORDER

THE PEOPLE,
Respondent.

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Petitioner, a state prisoner at California Medical Facility has filed a document styled as a

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“motion” seeking an extension of time to file an application for writ of habeas corpus. No other

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pleadings have been filed by the petitioner. In order to commence an action, petitioner must file a

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petition for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254

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cases, and petitioner must either pay the required filing fee or file an application requesting leave

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to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any

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orders granting or denying relief until an action has been properly commenced. Therefore,

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petitioner’s motion will be denied without prejudice. Petitioner will be provided the opportunity

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to file his petition, and to submit an application requesting leave to proceed in forma pauperis or

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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 motion (ECF No. 1) is denied without prejudice;
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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.1

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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: August 12, 2014

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By setting this deadline the court is making no finding or representation that the petition is not
subject to dismissal as untimely. See 28 U.S.C. § 2244(d)(1).
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