Johnson v. Unknown

Filing 5

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/13/2017 DIRECTING the Clerk to close this matter. 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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MATTHEW LOUIS JOHNSON,

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No. 2:17-cv-146-EFB P

Petitioner,
v.

ORDER

UNKNOWN,

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Respondent.

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Johnson1 filed a letter with the court requesting that he be “immediately” released. ECF

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No. 1. The letter, however, is not sufficient to commence a civil action. To commence a civil

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action, a party must file a complaint or a petition. Fed. R. Civ. P. 3; Rule 3, Rules Governing

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§ 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). Accordingly, the court informed

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Johnson on January 26, 2017, that this matter would be closed if he did not properly commence a

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civil action within 30 days, by filing a petition for writ of habeas corpus, and either paying the

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filing fee or filing an application for leave to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915(a). ECF No. 3. That time period has passed and Johnson has not filed the necessary

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documents. He did, however, file a letter to the Clerk of the Court stating that he is “not

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submitting any writs or petitions,” but rather, giving “notice” that CDCR is “failing to comply

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with the law.” ECF No. 4 at 2.

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

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As Johnson 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 matter.
DATED: March 13, 2017.

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