Marks v. Frauenheim

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 04/01/15 denying 1 request to stay in state to exhaust all claims. Petitioner is granted 30 days from the date of service of this order to file a petition. The clerk of the court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus and the application to proceed in forma pauperis by a prisoner. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL MARKS,

12

Petitioner,

13
14

No. 2:15-cv-0665 DAD P

v.

ORDER

UNKNOWN,

15

Respondent.

16
17

Petitioner, a state prisoner at Pleasant Valley State Prison, has filed a document styled

18

“Request to Stay in State to Exhaust All Claims.” However, petitioner has not filed any other

19

pleadings with this court.
In order to commence a federal habeas action, petitioner must file a petition for writ of

20
21

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

22

pay the required filing fee or file an application requesting leave to proceed in forma pauperis.

23

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

24

until an action has been properly commenced. Therefore, the court will deny petitioner’s pending

25

request without prejudice. The court will provide petitioner with the opportunity to file his

26

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

27

the appropriate filing fee.

28

/////
1

1

In accordance with the above, IT IS HEREBY ORDERED that:

2

1. Petitioner’s “Request to Stay in State to Exhaust All Claims” (Doc. No. 1) is denied

3
4

without prejudice;
2. Petitioner is granted thirty days from the date of service of this order to file a petition

5

that complies with the requirements of the Rules Governing Section 2254 Cases, the Federal

6

Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the docket

7

number assigned this case. Petitioner shall also submit, within thirty days of the date of service of

8

this order, the application to proceed in forma pauperis on the form provided by the Clerk of

9

Court or the filing fee in the amount of $5.00; and

10

3. The Clerk of the Court is directed to send petitioner the court’s form for filing a

11

petition for writ of habeas corpus and the application to proceed in forma pauperis by a prisoner.

12

Dated: April 1, 2015

13
14
15
16

DAD:9
mark0665.nopetition

17
18
19
20
21
22
23
24
25
26
27
28
2