Stalling v. Baughman

Filing 6

ORDER signed by Magistrate Judge Deborah Barnes on 9/22/16 ORDERING that petitioner's request (ECF No. 1 ) is DENIED without prejudice; Petitioner is granted 30 days from the date of service of this order to 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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MARLOW RENOISE STALLING,

12
13
14
15

No. 2:16-CV-2083 GB DB P

Petitioner,
v.

ORDER

DAVID BAUGHMAN,
Respondent.

16
17

Petitioner, a state prisoner at California State Prison, Sacramento, has filed a letter,

18

seeking review of his conviction and sentence. No other pleadings have been filed by the

19

petitioner. In order to commence an action, petitioner must file a petition for writ of habeas

20

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

21

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

22

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

23

denying relief until an action has been properly commenced. Therefore, petitioner’s request for

24

review of his conviction and sentence will be denied without prejudice. Petitioner will be

25

provided the opportunity to file his petition, and to submit an application requesting leave to

26

proceed in forma pauperis or to submit the appropriate filing fee.

27

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

28

1. Petitioner’s request (ECF No. 1) is denied without prejudice;
1

1

2. Petitioner is granted thirty days from the date of service of this order to file a petition

2

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

3

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

4

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

5

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

6

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

7

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

8

that this matter be dismissed; and

9

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

10

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

11

Dated: September 22, 2016

12
13
14
15
16
17
18
19
20

DLB:9
DLB1/prisoner-habeas/stal2083.Nopetition

21
22
23
24
25
26
27
28
2