Carlton v. Unknown

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/21/15 DENYING 1 Motion for Extension of time; Petitioner is granted thirty days from the date of service of this order to file a petition for writ of habeas corpus 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 DOMINIQUE CARLTON,

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No. 2:14-cv-2756 CKD P

Petitioner,
v.

ORDER

UNKNOWN,
Respondent.

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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. In order to commence a habeas action,

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

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

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

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Because this action has not been properly commenced, petitioner’s motion will be denied.

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Petitioner will be provided the opportunity to file his petition, and to submit an application

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requesting leave to 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 for an extension of time (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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Dated: January 21, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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carl2756.nopet

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