Steele v. Katavich

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/15 ORDERING that Petitioners request for extension of time (ECF No. 1 ) is denied without prejudice; Within thirty days from the date of service of this order, petitioner shall file a petition 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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JUSTIN STEELE,

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Petitioner,

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No. 2:15-cv-1836 KJN P

v.

ORDER

JOHN N. KATAVICH, Warden,1

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Respondent.

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Petitioner, a state prisoner, filed a document seeking an extension of time in which to file

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his petition for writ of habeas corpus. Petitioner states that he has a deadline of September 10,

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2015, in which to file the petition, but needs an extension of time because he is “nowhere close to

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being ready.” (ECF No. 1.) No other pleadings have been filed by the petitioner.
Petitioner’s initial filing does not constitute a federal petition. A petition for a writ of

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habeas corpus must: “1) specify all the grounds for relief available to the petitioner; (2) state the facts

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supporting each ground; (3) state the relief requested; (4) be printed, typewritten, or legibly

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handwritten; and (5) be signed under penalty of perjury by the petitioner or by a person authorized to

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sign it for the petitioner under 28 U.S.C. § 2242.” Rules Governing Section 2254 Cases, Rule 2.

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The warden of Wasco State Prison is the appropriate respondent in this matter. Fed. R. Civ. P.
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In order to commence an action, petitioner must file a petition for writ of habeas corpus as

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required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must either pay the

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required filing fee or file an application requesting leave to proceed in forma pauperis. See 28

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

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an action has been properly commenced. Therefore, petitioner’s motion is denied without

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prejudice. Petitioner is 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. Petitioner’s

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failure to file such documents will result in a recommendation that this matter be dismissed.

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Moreover, petitioner is cautioned that the habeas corpus statute imposes a one year statute

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of limitations for filing non-capital habeas corpus petitions in federal court. In most cases, the

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one year period will start to run on the date on which the state court judgment became final by the

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conclusion of direct review or the expiration of time for seeking direct review, although the

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statute of limitations is tolled while a properly filed application for state post-conviction or other

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collateral review is pending. 28 U.S.C. § 2244(d).

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

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1. Petitioner’s request for extension of time (ECF No. 1) is denied without prejudice;

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2. Within thirty days from the date of service of this order, petitioner shall file a petition

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

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

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number assigned this case; petitioner must file an original and two copies of the petition.

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Petitioner shall also submit, within thirty days from the date of this order, the application to

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proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the

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amount of $5.00. Petitioner’s failure to comply with this order will result in a recommendation

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that this matter be dismissed; and

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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: September 2, 2015

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stee1836.nop

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