Herina v. California Deparment of Corrections et al

Filing 8

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/23/17 ORDERING that the Clerk of the Court shall send to petitioner the court's forms for application for writ of habeas corpus and application for leave to proceed in forma pauperis. Within 30 days of the date of this order, petitioner shall either pay the $5 filing fee or submit a complete application for leave to proceed in forma pauperis. Within 30 days of the date of this order, petitioner shall file a petition for writ of habeas corpus. Failure to comply with this order may result in this case being closed.(Dillon, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

CHRISTOPHER F. HERINA,

11
12
13
14

No. 2:16-cv-2964-EFB P

Petitioner,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Respondents.

15
16
17

Petitioner is a state prisoner proceeding without counsel. This action was opened when he

18

filed the first page of an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

19

ECF No. 1. On January 17, 2017, the court issued an order informing petitioner that he had not

20

properly commenced this action. ECF No. 6. The order granted petitioner 30 days to either pay

21

the $5 filing fee or submit a complete application for leave to proceed in forma pauperis, and file

22

a signed and complete petition for writ of habeas corpus. The time for acting has passed and all

23

petitioner has submitted in response is a certified trust account statement. ECF No. 7. He did not

24

file an affidavit in support of his application for leave to proceed in forma pauperis. Nor did he

25

file a petition for writ of habeas corpus. Until petitioner submits a petition and either pays the

26

filing fee or meets the requirements of 28 U.S.C. § 1915(a), there is simply no case before the

27

court. Fed. R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S.

28

202, 203 (2003).

1

Accordingly, it is hereby ORDERED that:

2

1. The Clerk of the Court shall send to petitioner the court’s forms for application for writ

3
4
5
6
7
8
9

of habeas corpus and application for leave to proceed in forma pauperis.
2. Within 30 days of the date of this order, petitioner shall either pay the $5 filing fee or
submit a complete application for leave to proceed in forma pauperis.
3. Within 30 days of the date of this order, petitioner shall file a petition for writ of
habeas corpus.
4. Failure to comply with this order may result in this case being closed.
DATED: February 23, 2017.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2