Bowman v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 9/17/14 ORDERING that 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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JAMES BOWMAN,

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No. 2:14-cv-2065 KJN P

Petitioner,
v.

ORDER

UNKNOWN,
Respondent.

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Petitioner, a state prisoner at California State Prison, Solano, has filed a document seeking

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an extension of time to file a petition for writ of habeas corpus. No other pleadings have been

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filed by the petitioner. In order to commence an action, petitioner must file a petition for writ of

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habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner

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must either pay the required filing fee or file an application requesting leave to proceed in forma

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pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or

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denying relief until an action has been properly commenced. Petitioner will be provided the

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

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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 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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2. 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: September 17, 2014

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/bowm2065.Nopetition

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