Gore v. Harris et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/7/2014 DENYING petitioner's 1 motion, without prejudice; petitioner has 30 days to file a petition for writ of habeas corpus; petitioner shall also submit, within 30 days, the applica tion to proceed ifp or the $5.00 filing fee; the Clerk shall send petitioner the forms for filing a petition for writ of habeas corpus and an ifp application; and petitioner's 2 motion for the appointment of counsel is DENIED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY GORE,

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Petitioner,

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No. 2:14-cv-2535 CKD P

v.

ORDER

KAMALA HARRIS, et al.,

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Respondents.

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Petitioner, a California prisoner proceeding pro se, has filed a motion seeking an extension

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of time to file a petition for writ of habeas corpus and a motion for the appointment of counsel.

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No pleadings have been filed by petitioner. In order to commence a habeas action, petitioner

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must file a petition for writ of habeas corpus as required by Rule 3 of the Rules Governing

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Section 2254 cases, and petitioner must either pay the required filing fee or file an application

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requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). Because this

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action has not been properly commenced, petitioner’s motions will be denied. 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 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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for writ of habeas corpus that complies with the requirements of the Rules Governing Section

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2254 Cases, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition

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must bear the docket number assigned this case. Petitioner shall also submit, within thirty days,

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the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the

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filing fee in the amount of $5.00. Petitioner’s failure to comply with this order will result in the

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closing of this case.

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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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4. Petitioner’s motion for the appointment of counsel (ECF No. 2) is denied.
Dated: November 7, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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gore2535.nopet

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