Schultz v. Duffy

Filing 11

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/8/2015 ORDERING the Clerk to send Mr. Schultz the court's forms for an application for writ of habeas corpus and for a civil rights complaint; Mr. Shultz shall file either a petition or complaint within 30 days. Failure to comply will result in this case being closed.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD ORVILLE SCHULTZ,

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No. 2:15-cv-796-GEB-EFB P

Petitioner,

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v.

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BRIAN DUFFY,

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ORDER

Respondent.

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This action was opened when Mr. Schultz, a state prisoner without counsel, filed a 340-

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page “motion to protect petitioner against tolling until state remedies are exhausted.” ECF No. 1.

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On April 17, 2015, the court notified Mr. Schultz that he had not properly commenced a habeas

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action because he had not filed a petition as required by Rule 3 of the Rules Governing § 2254

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Cases. ECF No. 5. The court granted Mr. Schultz 30 days within which to file a petition. Id. The

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time for acting has passed and Mr. Schultz has not filed a petition or otherwise responded to the

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court’s order. He has, however, requested “assistance from the court,” indicating that he would

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like to file either a civil rights action or an application for a writ of habeas corpus. See ECF Nos.

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6, 8, 10.

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Accordingly, it is hereby ORDERED that:

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1. The Clerk of the Court is directed to send Mr. Schultz the court’s forms for an

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application for writ of habeas corpus and for a civil rights complaint pursuant to 42

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U.S.C.§ 1983.

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2. Mr. Schultz shall file either a petition for writ of habeas corpus or a civil rights
complaint within 30 days of the date of this order.
3. Failure to comply with this order will result in this case being closed.
DATED: June 8, 2015.

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