Gulbronson v. Verderosa

Filing 8

ORDER signed by Magistrate Judge Craig M. Kellison on 12/3/15 ORDERING that Petitioner shall submit on the form provided by the Clerk of the Court,within 30 days from the date of this order, a complete application for leave to proceed in forma pauper is, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee; Petitioners petition for writ of habeas corpus (Doc. 1 ) is DISMISSED with leave to amend within 30 days of the date of this order; and Clerk of the Court is directed to send petitioner a new formApplication to Proceed In Forma Pauperis By a Prisoner and the courts form Habeas Corpus Application.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC CONRAD GULBRONSON,

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No. 2:15-cv-0520-CMK-P

Petitioner,

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vs.

ORDER

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MICHELE VERDEROSA,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed a complete

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application to proceed in forma pauperis, along with a “certification from the warden or other

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appropriate officer of the place of confinement showing the amount of money or securities that

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the petitioner has in any account in the institution” as required by Rule 3(a)(2) of the Federal

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Rules Governing Section 2254 Cases, or paid the required filing fee. See 28 U.S.C. §§ 1914(a),

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1915(a). Petitioner will be provided the opportunity to submit either a completed application to

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proceed in forma pauperis, with the required certification, or pay the appropriate filing fee. As to

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the certification requirement, while a copy of petitioner’s prison trust account statement certified

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by prison officials is not required to satisfy the requirement, such a statement will suffice.

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Petitioner is warned that failure to comply with this order may result in the dismissal of this

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action for lack of prosecution and failure to comply with court rules and orders. See Local Rule

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110.
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In addition, pending before the court is petitioner’s amended petition (Doc. 1). “A

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petitioner for habeas corpus relief must name the state officer having custody of him or her as the

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respondent to the petition.” Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir.

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1994); see also Rule 2(a), Federal Rules Governing Section 2254 Cases. Here, petitioner names

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a Lassen County Superior Court Judge as the respondent to his petition. Because petitioner has

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not named the appropriate state officer, petitioner will be provided leave to amend to correct this

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technical defect by naming the correct respondent. See Stanley, 21 F.3d at 360. Petitioner is

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warned that failure to comply with this order may result in the dismissal of this action. See Local

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Rule 110.

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Accordingly, IT IS HEREBY ORDERED that:

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Petitioner shall submit on the form provided by the Clerk of the Court,

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within 30 days from the date of this order, a complete application for leave to proceed in forma

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pauperis, with the certification required by Rule 3(a)(2), or pay the appropriate filing fee;

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2.

Petitioner’s petition for writ of habeas corpus (Doc. 1) is dismissed with

leave to amend;

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3.

Petitioner shall file an amended petition which names the proper

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respondent and states all claims and requests for relief, within 30 days of the date of this order;

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and

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5.

The Clerk of the Court is directed to send petitioner a new form

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Application to Proceed In Forma Pauperis By a Prisoner and the court’s form Habeas Corpus

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Application.

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DATED: December 3, 2015
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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