Stewart v. Unknown

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2017 DIRECTING the Clerk to close this case. CASE 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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TRAVON STEWART,

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Petitioner,

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No. 2:17-cv-0121-EFB P

v.

ORDER

UNKNOWN,

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Respondent.

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Stewart1 filed a letter with the court requesting advice as to how to pursue a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. The letter, however, is not sufficient to

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commence a civil action. To commence such an action, a party must file a complaint or a

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

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U.S. 202, 203 (2003).
On January 26, 2017, the court informed Stewart that this matter would be closed if he did

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not properly commence a civil action within 30 days, by filing a petition for writ of habeas

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corpus, and either paying the filing fee or filing an application for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915(a). ECF No. 3. Those 30 days have passed and Stewart

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has not filed the necessary documents or otherwise responded to the court’s order.

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/////

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Stewart, referred to in the caption for administrative purposes as “Petitioner” is a state
prisoner proceeding without counsel.

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As Stewart has not submitted a petition and either paid the filing fee or met the
requirements of 28 U.S.C. § 1915(a), there is simply no case before the court.
Accordingly, the Clerk of the Court is hereby directed to close this case.
DATED: March 13, 2017.

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